Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Recitals of document were very specific that sale was on condition that if the executant fails to repay the amount within 2 years, sale shall become void on such payment being made - Since seller failed to repay the agreed amount within the period..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Section 31(1)(b) -- Sale deed - Breach of provision of S.31(1)(b) of the Act - Proper hearing on merits was not given to appellant/purchaser before holding against him - Various issues arise in the case which would require verification and adjudication upon evaluation of evidence - Parties would..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Suit property was purchased by father in the name of mother through registered sale deed - Son claimed that he has contributed some amount for purchase of said property and same was purchased from funds of Hindu Undivided..........
Registration Act, 1908, Section 17, 49 -- Registration - Document in question is a sale deed showing conveyance of title - It is compulsorily registrable u/s 17 of the Act - Payment of stamp duty and penalty is not a ground to admit the document in evidence - Document cannot be admitted in evidence on the ground of collateral purpose/transaction for the reason that..........
Agreement to sell -- Specific performance - Readiness and willingness - It is not enough for plaintiff to be merely willing to complete transaction but he must also exhibit readiness coupled with said willingness to satisfy Court that he had wherewithal to pay balance sale consideration and he was willing to go ahead and pay same and complete sale transaction - Unless both..........
Specific Relief Act, 1963, Section 31, 34 -- Suit for cancellation of sale deed - Where suit is filed by executants for annulment/cancellation of registered instrument, such suits are governed by S.31 of the Act - However, if a non-executant wishes to claim that instrument is bad due to any other reason, then he is required to file a suit for grant of a decree of..........
Agreement to sell -- Specific performance - Where substantial part of sale consideration is paid when suit agreement is executed or at any time before action is brought, discretion generally ought not be exercised against granting specific performance u/s 20 of Specific Relief Act...........
