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..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Plea of bona fide purchaser - Agreement to sell entered into between defendant and original owner - However, original owner sold the property in favour of GK prior to initiation of suit against original owner by defendant - Thus, at the time of filing suit for specific performance against original owner..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Court can refuse discretionary relief of specific performance despite plaintiff succeeding to prove his case of a breach of contract - But discretion has not to be exercised arbitrarily, it has to be exercised in accordance with S.20 of the Act...........
Agreement to sell -- Specific performance - Relief of specific performance cannot be refused by Court without assigning good and cogent reasons therefor...........
Agreement to sell -- Refund of earnest money - Alternative relief of refund of earnest money alongwith interest in a suit for specific performance cannot be opted by Court without assigning good and cogent reasons...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Buyer and seller, both filed suits, with respect to agreement to sell - Order of status quo passed in suit filed by buyer - An order passed in the subsequent suit filed by seller restraining buyer from causing any interference and encroachment over the suit property in any manner - There has to be..........
Arbitration and Conciliation Act, 1996, Section 37(1)(c) -- Arbitral award - Appeal against - Conjoint reading of all documents reveal that there were no guidelines at all that provide for royalty being factored as cost while fixation of tariff - Finding of Arbitral Tribunal regarding existence of law to the effect that royalty payable shall be permitted as a pass-through..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stay of proceedings during pendency of Arbitration proceedings - Both civil and criminal proceedings can continue simultaneously if both arise from separate cause of action - Arbitration proceedings are with regard to civil dispute arising on alleged violation of terms of agreement whereas proceedings..........
Agreement to sell -- Suit for specific performance - Grant of alternative relief of refund of earnest money - Agreement to sell was executed only to secure loan, as held by two Courts below - Alternative relief of refund of earnest money held, rightly granted...........
Agreement to sell -- Suit for specific performance - Oral evidence - Written contract is on record where defendant admitted the receipt of Rs.19,00,000 - Oral statement of attesting witness of agreement to sell to the effect that at the time of execution of agreement to sell only Rs.9,00,000 was paid as earnest money and not Rs.19,00,000 cannot be accepted, particularly..........
