Agreement to sell -- Specific performance - Arbitration clause - Dispute referred to arbitrator - Arbitral award ordering specific performance - Vendee failed to deposit the amount as required to pay as per arbitral award enforceable being a decree under CPC - Even no steps or attempt being made for such payment showing bona fides - Relief of specific performance, held,..........
Revenue record -- Proof of tenancy on the basis of revenue entries - Revenue record carries presumption of truth - However, such presumption is rebuttable presumption and in the instant case in view of the admission made by plaintiff presumption stood rebutted as it is not established as to who inducted plaintiff as a tenant in the land and there is vague statement that..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff alleged that he contacted defendant variously for the purpose of execution of sale deed and also sent notice to defendant for the same purpose - However, copy of said notice not filed by plaintiff in suit - Even no dates were brought on record when he requested defendant for execution of sale..........
Agreement to sell -- Suit for specific performance - Time essence of contract - Parties agreed that till the last day of month, terms of agreement would have to be complied - This does not mean that after last day mentioned in agreement, contract stands terminated - Cause of action will start only when contract was not honored by either of parties - Time therefore, was not..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Four agreements - All the four agreements are interconnected - It is a case where several parties are involved in a single commercial project executed through several agreements - All the parties thus, covered by arbitration clause in main agreement - Dispute between parties to various..........
Partition suit -- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same were transferred to auction purchasers through Court..........
Arbitration and Conciliation Act, 1996, Section 8, 85 -- Reference to arbitration - Reference to Arbitration Act, 1940 in partnership containing arbitration clause executed much after enactment of 1996 Act - An incorrect reference or recital regarding applicability of 1940 Act would not render entire arbitration agreement invalid - Since agreement in question completely..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Arbitration clause - Required to be strictly construed - Any expression in clause must unequivocally express the intent of arbitration - If a clause stipulates that under certain circumstances there can be no arbitration and they are demonstrably clear then controversy pertaining to appointment of..........
Agreement to sell -- Specific performance - Vendor not in sound disposing mind - Suit rightly dismissed by both the Courts below...........
Agreement to sell -- Specific performance - Defendant/vendor not in sound disposing mind - She is on borderline intellectual functioning and cannot understand intricacies of legal issues - Plaintiff is real brother of defendant and prior to agreement to sell, plaintiff has kept defendant in his custody - Once it is proved that defendant was not in sound disposing mind,..........
