Agreement to sell -- Specific performance - Agreement to sell becoming incapable of performance due to acquisition of that property by Government - Entire sale consideration of Rs.90,000 was received by vendor and possession was delivered - Plaintiff constructed three shops on the suit land - Held, plaintiff is entitled to compensation of Rs.10 lakhs received consequent to..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Execution of agreement to sell proved on record - Entire sale consideration was passed by plaintiff to defendant no.1 simultaneously with execution of agreement to sell and possession of suit property was also delivered to plaintiff - Plaintiff not prayed for execution of..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- U, registered agreement to sell - Part performance - Possession of suit property not given to plaintiffs - S.17(1-A) of Registration Act, therefore, is not applicable - Moreover, agreement for sale was executed in the year 1995, whereas, amendment in S.17 of Registration Act, which makes..........
Suits Valuation Act, 1887 -- Agreement to sell - Defendant claims to be in possession of property on the strength of agreement to sell executed in 1983 by father of plaintiff nos.2 and 3 - No refusal on the part of original owner in performing his part of contract, as he executed power of attorney in favour of defendant - It was defendant who did not execute sale deed even..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - An ostensible sale with transfer of possession and ownership but containing a clause for re-conveyance in accordance with S.58(c) of the Act, would clothe the agreement as a mortgage by conditional sale...........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Readiness and willingness - Petitioner-sellers submitted that pleadings of plaint are not supported by an affidavit - In plaint, plaintiff had approached defendant-sellers to complete their part of agreement to sell but defendants expressed difficulty to hand over physical possession and therefore requested..........
Agreement to sell -- Specific performance - Limitation - No specific date fixed for performance of agreement, as agreement was to be executed after receipt of permission from Competent Authority - It is Art.54 Clause 2 of Limitation Act which is applicable and period of three years commences from the date plaintiff has notice that performance is refused - Cause of action..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Defendant failed to discharge the burden of proving readiness and willingness on his part to perform the contract by making payment of balance amount of consideration either on the date agreed for execution of sale deed or thereafter till filing of suit - Provision of S.53-A of the Act..........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - A purchaser of immovable property who has been put into possession of property pursuant to agreement for sale is entitled to seek protection in respect of his possession in that capacity only if the agreement is sufficiently stamped and registered...........
