Agreement to sell -- Specific performance - Readiness and willingness - Defendants contended that plaintiff was not having sufficient funds to pay balance sale consideration - Contention has no substance as plaintiff successfully established her readiness and willingness to perform her part of contract by paying balance sale consideration...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants failed to perform their obligation with regard to demarcation of property - Unless vendor got subject land measured and demarcated within three months it is impossible for purchaser to get sale deed executed - Question of paying balance sale consideration as such, does not arise - However,..........
Agreement to sell -- Refund of advance amount - Non-performance of agreement by plaintiff - Court committed error by passing decree in favour of plaintiff to pay double amount of earnest money - If there is a specific forfeiture clause on non-performance of agreement by vendee entitling vendor to forfeit money advanced to him, vendee cannot have a premium on his..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Pre-emptor who claims right to pre-empt the sale on the date of sale, has also to prove that such right continued to subsist till passing of decree of first Court - If claimant losses the right or vendee improves his right equal or above the right of claimant before adjudication of suit, suit for pre-emption..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
Limitation Act, 1963, Article 96 -- Limitation - Waqf property - Sale of property comprised in a waqf, without previous sanction of Board, would be void - Art.96 of the Act cannot be invoked in case of void transaction...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Suit for cancellation of sale deed at the behest of non executant of the sale deed is not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Concurrent findings on record that plaintiff failed to prove its case based upon sale deed - Plea of typographical mistakes in plaint not tenable, as there was enough time for plaintiff to move appropriate application to do needful, which admittedly was not done - Findings retuned by..........
Limitation Act, 1963, Article 97, Hindu Succession Act, 1956, Section 22 -- Limitation - Preferential right of heir to acquire property - Suit for declaration and possession - Sale deed being challenged by plaintiff executed in favour of defendant no.1 - Limitation is to be taken as one year from date of execution of registered sale deed - Suit filed after one year from..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where executant of sale deed wants it to be annulled, he has to pay ad valorem Court fee on consideration stated in sale deed...........
