Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Agreement to sell -- Agreement to sell does not confer any rights nor does it vest any interest into the party that agrees thereby to buy a particular property...........
Muslim Law -- Matruka property - Devolution of property - Property in question is matruka property and so has to be distributed amongst the survivors of deceased - Civil Court clearly fell in error by excluding the property on basis of agreement to sell, as agreement to sell has no value in the eyes of law, all the property that vested in deceased would become matruka..........
Agreement to sell -- Specific performance - Ready and willing - Deposit of money in Court - Direction to deposit money is an exception and general rule is that there is no necessity to deposit money to prove readiness and willingness to perform his part of contract - It is sufficient that plaintiff makes an averment that he is ready and willing to perform his part of..........
Agreement to sell -- No - right, title and interest is created in favour of vendee on the basis of registered agreement to sell...........
Agreement to sell -- One attesting witness - S.10 of Contract Act nowhere mandates attestation by any specific number of witnesses - As per S.10 Contract Act, presence of witnesses does not affect validity of a contract unless expressly required by stature under which agreement has been executed. (Contract Act, 1872, S.10)..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Agreement to sell -- Plaintiff inducted only because of agreement to sell - Once it has been held that no relief can be granted for specific performance and an extraordinary amount has been awarded to compensate meagre amount of advance is only to adjust equities, plaintiff cannot have any right to resist possession and should not have obstructed or resisted delivery of..........
Agreement to sell -- Plaintiff inducted only because of agreement to sell - Relief of specific performance denied to plaintiff - However, plaintiff was compensated for Rs.2 crores and directed to hand over possession to defendant - Plaintiff has been unnecessarily delaying and causing obstruction in execution of decree - He has no locus or justification to hold on to..........
