Agreement to sell -- Insufficiently stamped - Suit for specific performance - Agreement to sell in question is insufficiently stamped - Trial Court committed material illegality while decreeing the suit without considering the provisions of Ss.33, 35 of Stamp Act - Impugned order of trial Court held, dismissed - Trial Court directed to decide the suit afresh...........
Agreement to sell -- Specific performance - Ready and willing - Before a plaintiff can succeed in a suit for specific performance of contract, he has not only to aver but also prove that he was always ready and willing to perform essential terms of contract...........
Agreement to sell -- Ready and willing - Plaintiff is not required to tender the amount to defendant or to deposit the amount in Court - However, plaintiff is required to at least prove that he has the capacity and was prepared to perform his part of the contract...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff is required to disclose availability of balance sale consideration - Once plaintiff has not only failed to disclose but has refused to disclose, Court draws adverse inference against plaintiff...........
Agreement to sell -- Specific performance - It is an equitable relief - Once it is proved that plaintiff himself is guilty of delay and laches, then that itself is sufficient to disentitle him from the equitable relief...........
Agreement to sell -- Specific performance - Delay and latches - Defendant cancelled the agreement by sending notice which was duly received by plaintiff - Though plaintiff kept on replying to notices sent by defendants, but he did not take any positive step in order to get agreement to sell enforced - Even, defendant filed a suit for permanent injunction in which..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchasers - Suit for specific performance - Plaintiff and subsequent purchasers are residing in the same village where suit land is located - Subsequent purchasers failed to prove that they had no knowledge of agreement to sell - Subsequent purchasers are not bona fide purchasers...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Maintainability of complaint qua accused - Contention that accused is not a signatory to cheque, thus, no proceedings are maintainable against accused - Contention rejected as initially it was accused who had entered into lease agreement with complainant in pursuance of which cheque in question was..........
Punjab Rent Act, 1995, Section 20(2), Registration Act, 1908, Section 49 -- Rent agreement - Non-registration of agreement would, per se, neither make agreement as void and liable to be not considered by Court nor would the same make it inadmissible in evidence - Registration if restored to by parties, would have presumption of truth attached to document - However, even in..........
Agreement to sell -- Specific performance - Execution of agreement proved and it is also proved that plaintiff was ready and willing to pay remaining consideration amount - Non impleadment of lessee - Lessee has no jurisdiction to raise objection with regard to transfer of property by lawful owner through valid contract - If ownership of property is changed even then..........
