Agreement to sell -- Specific performance - Readiness and willingness - Presence of plaintiff in Tehsil office on the stipulated date - Proof - Presence of plaintiff stands admitted in view of suggestions put to him by defendant, which reads : "It is wrong to suggest that I got attested affidavit and challan form from Tehsil office on 10.3.2005 after 4.00 p.m. It is wrong..........
Evidence Act, 1872, Section 61 -- Proof of document - Agreement to sell - Attestation - Mere attestation of a document is not proof of attestor knowing its contents and consent to it - Such proof is to be established independently...........
Evidence Act, 1872, Section 102, 103 -- Burden of proof - Agreement to sell - Mere admission of signatures of executants would not relieve the burden of other party to establish the contents of document and consent of executants for such contents - Evidence placed by plaintiff has to be scrutinized to know how far the plaintiff could discharge her burden...........
Evidence Act, 1872, Section 102 -- Burden of proof - Agreement to sell - Mere fact that agreement in question is not fabricated does not absolve plaintiff from burden of establishing that defendants are consenting parties to it - Burden is on plaintiff to establish that after fully knowing about the contents they endorsed their signatures and thumb impression on agreement...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession in pursuance of oral agreement to sell - Injunction sought restraining defendant from eviction plaintiff otherwise than in due course of law and not to transfer the disputed land and interfere in the peaceful possession - Such unregistered agreement does not create any right of plaintiff -..........
Agreement to sell -- Specific performance - Ready and willing - Mere self serving ipse dixit cannot be held to be discharge of onus of proof with respect to a very important issue of readiness and willingness which is required to be proved by a proposed buyer...........
Agreement to sell -- Specific performance - Unregistered agreement to sell - When an unregistered agreement to sell is tendered in evidence, not as evidence of complete sale but as proof of agreement of sale, deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale - Relief of specific performance granted on..........
Agreement to sell -- To prove by way of secondary evidence - Petitioner had relied upon two agreements to sell and both of these documents have been misplaced with quite vague allegations contained in application, especially, when sufficient opportunities were earlier granted to petitioner to lead evidence - Permission not granted to lead secondary evidence as proof of..........
Agreement to sell -- Proof of - Expert opinion - One in favour of plaintiff and other in favour of defendant - Court at liberty to discard both of them and evaluate other evidence on record to arrive at a conclusion whether document was actually executed by the party concerned...........
Agreement to sell -- Recovery of double of earnest money - Absence of pleading and proof of having suffered loss on account of breach by vendor - In absence of any loss whatsoever, an aggrieved party cannot claim that it is still entitled to liquidated damages without at least proving a semblance of loss...........
