Agreement to sell -- Specific performance - Agreement in question was contingent upon the fact that once defendants were conferred with Bhumidari rights they would execute sale deed in favour of plaintiff - Plaintiff issued two notices after bhumidari rights were conferred upon defendants, which was not responded - Entire sale consideration was already paid - Now there is..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
Power of attorney -- Execution of agreement to sell, power of attorney and Will - On the strength of power of attorney, neither sale deed executed nor any action pursuant thereof taken - Non execution of any document by power of attorney holder consequent to it renders said power of attorney useless...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff averred and established that he sent a letter through registered post with receipt and served a legal notice through his counsel upon defendant requiring him to execute the sale deed - He also established that he kept the balance sale consideration to be paid to defendant in the shape of..........
Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
Agreement to sell -- Specific performance - Defendant failed to execute sale deed within stipulated time - Condition specifically stipulated in agreement that in case of failure of seller to execute sale deed within stipulated time, buyer shall be entitled to double the amount given as an advance - Relief of specific performance rightly refused and decree for recovery of..........
Agreement to sell -- Specific performance - Readiness and willingness - Time limit of six months is stipulated for demarcation of suit property before execution of sale deed by defendants - Burden was on defendants to perform the same - Plaintiff got issued a notice acknowledging the fact that time was essence of contract - There was no reply from defendants - Plaintiff..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Stamp duty is payable on the market value of sale deed property on the date of execution of sale deed - Stamp duty is payable on the basis of market value of property and not on the consideration mentioned in..........
Agreement to sell -- Specific performance - Readiness and willingness - Except solitary and self serving statement of plaintiff, there is no material on record to show either the factum of availability of money with the plaintiffs on the said date when they have claimed to have appeared before Sub Registrar or show that they even visited office of Sub Registrar for the..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants failed to perform their obligation with regard to demarcation of property - Unless vendor got subject land measured and demarcated within three months it is impossible for purchaser to get sale deed executed - Question of paying balance sale consideration as such, does not arise - However,..........
