Agreement to sell -- Specific performance - Defendant received entire sale consideration - Responsibility to get sale deed registered was on defendants - Plaintiff has proved that she had made a request to defendants to get sale deed registered and executed in her favour - She also proved her possession over suit property as purchaser - Suit rightly decreed in favour of..........
Agreement to sell -- Specific performance - Agreement dated 12.8.2004 as alleged by plaintiffs is insufficiently stamped - Plaintiff failed to prove such agreement - Defendants stated that they had not executed such agreement dated 12.8.2004 and on 2.8.2004 agreement between parties was executed - Signatures of defendants as well as witnesses were not obtained in front of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement by wife waiving her right of maintenance - Such agreement is against public policy hence void Ab initio - Claim of maintenance by wife cannot be disputed or denied on the basis of void agreement...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Memorandum of understanding entered into in between parties during pendency of revision in High Court - Parties were to settle the dispute between themselves - As per terms of agreement Respondent No.2 was to file a compromise petition before High Court which he failed to do so, which resulted in..........
Registration Act, 1908, Section 17 -- Agreement to sell - Suit for specific performance - Plea that agreement is not registered even when possession was delivered at the time of execution of agreement - There is finding of fact recorded by both the Courts below that possession of property was not delivered to plaintiff - No ground to disturb the factual finding...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Agreement to sell executed between parties in the year 1959 and dispute arose in the year 1986-1987 - Suit filed in the year 2000 i.e after lapse of 40 years for specific performance of agreement is barred by limitation - Plaint rightly rejected...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was present before Sub-Registrar office with remaining amount but defendant did not come to office of Sub Registrar for registration of sale deed - There is no contrary evidence to this effect - Plaintiff was ready and willing to perform her part of contract as per agreement to sell - Suit..........
Agreement to sell -- Specific performance - Agreement to sell agricultural land to a non agriculturist in H.P. - Essential condition of agreement was to get requisite permission of State Govt. - Purchaser failed to get requisite permission of State Govt. and he assigned his rights to plaintiff who in turn filed suit for specific performance - Assignment not valid as there..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - No decree can be passed when the agreement entered into in between the parties does not say how the suit is to be decided and what are the terms of compromise - If the suit is to be withdrawn, there shall be stipulation to that effect...........
Agreement to sell -- Specific performance - Readiness and willingness - Merely proving readiness and willingness is not sufficient for a decree of specific performance especially in the circumstances when executor of agreement to sell was not competent to execute the same...........
