Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - U.O.21.R.97 CPC, it is only DH who is entitled to make an application in case where he is offered resistance or obstruction by any person...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Appellant never dispossessed from the property in question and till date possession of same rests with him - Appellant not entitled to make an application U.O.21.R.99 raising objections in execution proceedings since he has never been dispossessed as required U.21.R.99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 43, 64, 66 -- Execution - DH can proceed against any one of JDs and he is not required to proceed against principal borrower at first instance...........
Specific Relief Act, 1963, Section 28(3) -- Interlocutory application u/s 28(3) of the Act - Maintainable for execution of sale deed and delivery of possession of property in a suit for specific performance...........
Agreement to sell -- Specific performance - Time essence of contract - Execution of original agreement and extension agreement have been proved by plaintiff by his own evidence and also that of attestor PW2 - Nothing had been culled out from their cross-examination to doubt their evidence - Therefore, parties out of free will, mutually agreed to extend the time and..........
Agreement to sell -- Specific performance - Readiness and willingness - Letters issued by plaintiff to defendant calling upon him to come forward and execute sale deed, receipt of which admitted by defendant, flinchingly proved his readiness and willingness - Neither defendant came forward to execute sale deed nor issued suitable reply explaining his inability to execute..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DH 23 years after obtaining decree had alleged violation of decree and encroachment of suit land by JDs - No documentary evidence in form of any demarcation report etc. was adduced by DH regarding alleged encroachment over suit land - Even, there..........
Evidence Act, 1872, Section 68 -- Partition deed - Document of partition was duly registered in accordance with law in force and its execution was not specifically denied by any of signatory to document would sufficiently bring document outside the purview of S.68 of the Act...........
Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
