Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit filed on the basis of unregistered agreement to sell without filing suit for substantive relief of specific performance - Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when defendant specifically filed..........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Agreement to sell -- Specific performance - Plaintiff in possession prior to execution of agreement to sell - Possession not delivered through agreement to sell - Order directing plaintiff to pay deficient stamp duty with penalty as per provision of Schedule 1-A, Entry No.23, 5(cc), Column No.2, Sub column 2 (As amended by State of Punjab) set aside...........
Agreement to sell -- Specific performance - Direction to defendant to deposit amount received by him towards part of sale consideration to the credit of suit - Order passed without considering version of defendant - Order passed simply extracting apprehension of plaintiff - Order does not indicate application of mind by Court - Impugned order set aside - Matter remitted..........
Evidence Act, 1872, Section 45 -- Expert opinion - Denial of signatures by defendant on agreement to sell - Comparison of signatures with those on power of attorney and summons - Those signatures did not come in existence in presence of Court - It is thus appropriate to compare signatures with the one existing on previous litigation, prior to institution of suit - Order..........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be granted against a person compelling him to enter into an agreement with a third party and seek specific relief against such a third party...........
Agreement to sell -- Specific performance - A person not party to the suit agreement of sale cannot be compelled by Court to enter into an agreement with the defendant...........
Agreement to sell -- Specific performance - Plaintiff has specifically averred that though defendants had neither obtained ITC certificate nor had revenue records corrected, they were threatening to dispossess him and create third party rights over suit property - Even, defendants have specifically stated that they were entitled to create third party rights - Concurrent..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Cheating - Forgery - No element of dishonesty from inception specifically when parties have entered into business transaction after understanding terms of MOU/agreement duly signed and without any allegation of forgery in said document - There was thus, no material on record that any offence of forgery was prima..........
