Agreement to sell -- Specific performance - Sale deed should be executed after measuring of land as admitted by defendant/vendor - However, no measurement was carried out at any point of time, more particularly after execution of agreement to sell - Plaintiff was thus, justified in asking and insisting for measurement and title papers of property in question before calling..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 53, 54 -- Unregistered agreement to sell - Does not confer any title nor transfer any interest in an immovable property - Defendant cannot claim any title on suit land on the basis of agreement to sell...........
Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........
Partition suit -- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same were transferred to auction purchasers through Court..........
Registration Act, 1908, Section 17 -- Registration - Agreement acknowledging a mistake in oral exchange is not required to be compulsorily registered, as such document cannot be considered as a document of title transferring immovable property for more than Rs.100/-...........
Agreement to sell -- Decree of specific performance of an agreement to sell does not vest any title in plaintiff/purchaser till conveyance deed of property in terms of decree of specific performance is executed in favour of plaintiff...........
Agreement to sell -- Specific performance - Specific performance of contract can also be enforced against a stranger to the contract if such stranger is claiming under a party to the contract by a title arising subsequently to the contract - S.19(c) also permits specific performance of the contract to be enforced against a stranger claiming under a party to the contract, a..........
Agreement to sell -- Specific performance - Prayer for possession although under agreement to sell, possession was delivered - Prayer of plaintiff not contradictory when it is recorded that possessory title shall be delivered at the time of execution of sale deed - Moreover it is also mentioned in plaint that possession of property was given to him at the time of agreement..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
