Agreement to sell -- Specific performance - Agreement to sell qua land comprised in Khasra No.454 - Decree passed qua Khasra No.457 - Specific performance of contract was not claimed of land of Khasra No.457 - Judgment and decree set aside - Matter remitted for decison afresh...........
Adverse possession -- Possession of proposed vendee under agreement to sell is always permissive possession under the vendor and he cannot plead adverse possession till he pleads and proves that he gave up the permissive possession and re-entered into possession which was open and hostile to the knowledge of the true owner...........
Indian Contract Act, 1872, Section 65 -- Restitution - Possession delivered to proposed vendee under agreement to sell - Defendant claims that plaintiff lost his title over the suit land and contract stands frustrated - Defendant being beneficiary under the void contract needs to restore back the advantage that he received under the void agreement as per the mandate of..........
Agreement to sell -- Validity - Signatures and thumb mark on last page out of three pages - Large blank spaces on the first and second page of agreement and absence of thumb impression/signatures of parties and the attesting witnesses on these two pages, fortifies the conclusion that disputed agreement was transcribed on one of the blank stamp papers on which the thumb..........
Agreement to sell -- Specific performance - Agreement in question recites that defendant had received earnest money to the tune of Rs.16,00,000 out of total sale consideration of Rs.18,87,000 - Therefore, it does not stand to reason that plaintiff being a Police Constable would part with a huge sum of Rs.16,00,000 towards a transaction to purchase land and thereafter,..........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
Agreement to sell -- Specific performance - Plaintiff being a Police Constable was mandatorily required to seek permission from his department before entering into an agreement to purchase property of a high value - However, admittedly, he did not seek any such permission from the department - It is not the case of plaintiff that he and defendant were on such close terms..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - Scope of S.37 of the Act is much more summary in nature and not like an ordinary civil appeal - Award as such cannot be touched unless it is contrary to the substantive provision of law any provision of the Act or the terms of agreement...........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness of plaintiff are to be determined from their conduct prior to and subsequent to the filing of suit, as well as from the terms of agreement and surrounding circumstances...........
Agreement to sell -- Specific performance - Contract involving multiple parties - Onus to proof - In contracts involving multiple parties with distinct interests, especially when some parties are absent or not signatories, onus is on plaintiff to ensure that all necessary consents and participations are secured - Plaintiff's passive approach and failure to act proactively..........
