Agreement to sell -- Suit for specific performance - After agreement of sale a notification u/s 4(1) of Land Acquisition Act, 1894 issued - Vendor himself pleading that agreement stood frustrated - Enforcement of agreement for sale inequitable - However, vendor cannot forfeit the earnest money - Vendor liable to refund the advance amount...........
Specific Relief Act, 1963, Section 10, 19, 20 -- Suit for specific performance - Agreement to sell - Consent decree suffered by vendor in favour of her daugher-in-law within 15 days of execution of agreement - Execution of agreement and receipt of earnest amount not denied - Vendee always ready and willing to perform his part of contract - Trial Court directed execution of..........
Agreement to sell -- Specific performance - Agreement in favour of one person for a consideration paid or provided by another person - Suit for specific performance is hit by Benami Transaction (Prohibition) Act - Order of trial Court directing refund of earnest money, upheld. (Specific Relief Act, 1963, S.22, Benami Transactions (Prohibition) Act, 1988, Ss.2(A), 3(2) and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Specific performance - As per the report of Forensic Science Laboratory the stand taken by defendant-appellant with regard to not making of thumb impression on the agreement to sell found totally false - There is sufficient evidence to sustain the concurrent findings of fact with regard to..........
Specific Relief Act, 1963, Section 22(1)(b) -- Refund of earnest money - Suit for specific performance - In absence of a specific alternative plea for refund of earnest money, a decree for refund of earnest money cannot be granted...........
Agreement to sell -- Suit for specific performance - Plain reading of agreement does not spell out as to how much area is saleable and how much consideration would be payable accordingly - Rate per acre defined in the agreement but applicable to which area not reflected - Held, agreement is vague - Agreement not capable of being specifically enforced - Alternative relief..........
Agreement to sell -- Specific performance - Relief of - Suit for specific performance filed after 1-1/4 years of death of the person who entered into agreement to sell with the allegation that deceased avoided to execute sale deed - Plaintiff did not bother to issue notice immediately when executant avoided to execute the sale deed - No documentary proof that plaintiff is..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 - Specific Relief Act, 1963, Sections 21 and 22 - Amendment of plaint - Suit for specific performance - Amendment sought so as to plead that in the alternative the plaintiff entitled to the refund of the earnest money - Prayer made on behalf of the plaintiff held to be in consonance with the provisions of Section 21 of the Act..........
Agreement to sell -- Specific performance - Alternative relief of refund of earnest money - Specific performance of contract is discretionary relief which depends upon facts of each case - If the vendor had entered into an agreement to sell, earlier in time, with some other person qua the same property, then alternative relief of refund of earnest money and liquidated..........
Agreement to sell -- Relief of specific performance - Agreement between Commission Agent and farmer - Agreement duly proved - Plea of defendant of obtaining thumb impression on plain paper not proved - Earnest money of Rs.2000/- paid for purchase of 24 kanals at the rate of Rs.10,000/- - High Court reversed decree of Courts below and directed refund of earnest money with..........
