Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Agreement to sell -- Specific performance - Defendant did not dispute his signatures on agreement - However, contention of defendant that blank stamp papers signed by him had been used for this purpose is not accepted by Courts below - Agreement to sell has been proved by plaintiff - Suit rightly decreed in favour of plaintiff...........
Agreement to sell -- Specific performance - Grant of specific performance of agreement is an equitable relief which can be refused by Court after taking into account, all the surrounding circumstances...........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Notice was issued in the year 1996 calling upon defendant to execute necessary deeds of sale - No such deed of sale has been executed by defendant and consequently, said inaction would have to be treated as a refusal - Limitation would have to be calculated as having commenced from the year 1996 and..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(i)(x) -- Anticipatory bail - Offence u/s 3(i)(x) of SC/ST Act - Specific allegations made against accused are not sufficient to show a prima facie case for offences alleged particularly under the provisions of SC/ST Act - It cannot be..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere payment of 87% of total sale consideration - Does not establish readiness and willingness - Plaintiff has to show his readiness and willingness for fulfilling all of his obligations...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Once a person is in old settled possession of the property, he certainly cannot be evicted by force or illegally except by due process of law...........
