Will -- Revocation - Agreement entered into in between two beneficiaries - Question as to whether such agreement amount to revocation of Will - In this agreement only two beneficiaries are shown as parties to the agreement and they are described as party No.1 and 2 - Thumb impression of testator appears in the left margin on the third page - Not a case of appellant or any..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Agreement to sell -- Specific performance - Readiness and willingness - While proving readiness and willingness plaintiff is not required to make any averment that plaintiff required executant of agreement to sell to attend the office of Sub-Registrar to execute sale deed within time agreed...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff paid Rs.25,000 to defendant initially at the time of execution of agreement to sell and further sum of Rs.15,000 in two installments were paid at the time when subsequent two documents were executed for extension of time - Even time was extended at the instance of defendant and balance..........
Agreement to sell -- Specific performance - Subsequent purchasers were in knowledge of agreement to sell in favour of plaintiff - However, despite the same they purchased the suit land surreptitiously - Even, sale consideration mentioned in sale deed in favour of subsequent purchasers is found to be doubtful - Moreover, subsequent purchasers for all these years cultivated..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for possession by way of specific performance and permanent injunction - Documents proposed to be tendered in evidence include certified copies of jamabandies - These jamabandies can certainly be tendered being per se admissible - However, with regard to notarized photocopy of sale deed, these..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued in pursuance of compromise dishonoured - Once a settlement is arrived at in between the parties, proceedings in the original complaint cannot be sustained and a fresh cause of action accrues to complainant under terms of settlement deed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued in pursuance of compromise - Cheques again dishonoured - Held, second set of cheques issued in pursuance of deed of compromise and dishonoured cannot be said to be not towards the discharge of a liability...........
