Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party as proforma defendant - Recovery suit in terms of agreement - No relief claimed against proposed defendant by plaintiffs - Proposed defendant is also a beneficiary under agreement - As per agreement, plaintiffs have no liability to pay amount to proposed defendant - Rather, amount if any is to be..........
Transfer of Property Act, 1882, Section 60 -- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants were absolute owners of..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
Agreement to sell -- Return of advance amount - Agreement in question amounted to a loan transaction - Defendant failed to pay loan amount - He is thus, liable to return the amount - Appellants are assignees from defendant - Their assignment was prior to institution of suit - Appellants cannot be mulcted with liability to return the advance amount received from plaintiff..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of buyer - Proof of cheque is not proof of availability of amounts in bank account in absence of copy of bank account, which would have shown necessary funds for encashment of cheque - Self serving statement that plaintiff had necessary funds in her bank amount cannot be taken as..........
Agreement to sell -- Specific performance - Discretionary relief of specific performance not granted to plaintiff on mere payment of 14% of sale consideration - However, plaintiff entitled to refund of advance amount with interest @ 7.5% p.a. (Specific Relief Act, 1963, S.20)..........
Transfer of Property Act, 1882, Section 106 -- Lease - Eviction notice - Shop in question was leased to tenant for a period of 11 months as per agreement between parties - After expiry of agreement, tenant became tenant on month to month rent - Eviction notice of 30 days u/s 106 of the Act as given by landlord to tenant is valid - Tenant evicted with conditions...........
Agreement to sell -- Breach of agreement - Forfeiture of advance amount - Advance amount cannot be forfeited by merely relying upon clause in the agreement entitling forfeiture of advance amount, in absence of proof of loss caused on account of breach by plaintiff - Defendant entitled to forfeit 10% of advance on account of breach of contract by plaintiff - However,..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Recovery suit - Refund of advance amount - Oral agreement of sale executed between parties - Plaintiff failed to prove the fact that Rs.25,000 was given by him as advance amount for purchasing defendant's property - Plaintiff is even silent about description, details and location of property - Broker through whom the offer..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
