Agreement to sell -- Specific performance - Time essence of contract - Time limit of four months fixed to perform the part of contract by both parties - Material on record clearly goes to show that within four months of stipulated time, plaintiff got issued legal notices to defendants 1 and 2 and said notices were returned with postal endorsements - However, defendants 1..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-sharers - Eviction petition - Impleadment of other co-sharers of property - Co-sharers are not necessary parties in a suit for eviction filed by one co-sharer/landlord - Moreover, it is not the case of tenants that they are not tenants in the property and that they were not paying the rent to landlord -..........
Partition suit -- Non partible property - When suit property is not partible, parties are equally compensated in terms of money in order to balance equities and for fair distribution...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit land not identifiable - It cannot be said, without any cogent evidence that dispute is with regard to 1/4th portion on the western side of Gata No.233 - Relief of permanent injunction cannot be granted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiffs pleaded oral family arrangement - However, respondent who is one of legal heirs of deceased would submit that Family Arrangement Deed is a fraudulently created document - She is thus, a necessary and proper party in the suit - Unless respondent is impleaded as a party in..........
Agreement to sell -- Specific performance - Agreement executed between parties and Rs.2 lacs was paid as advance by plaintiff to defendants, is proved by PW1 and PW2 by way of oral evidence and same has also been proved by endorsement of defendants at the back first page of agreement - Legal notice was also sent by plaintiff to defendant to execute the sale deed -..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Order of dismissal of a suit will be a decree, provided conditions in S.2(2) CPC are satisfied...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant denied execution of promissory note and also denied his signature on promissory note - Comparison of admitted signatures of defendant with signature on promissory note shows that defendant signed on suit pronote and there is similarity in signatures - Evidence of plaintiff and..........
