Partition -- Once shares are defined, whether by agreement between parties or otherwise, partition is complete...........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- U, registered agreement to sell - Part performance - Possession of suit property not given to plaintiffs - S.17(1-A) of Registration Act, therefore, is not applicable - Moreover, agreement for sale was executed in the year 1995, whereas, amendment in S.17 of Registration Act, which makes..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs specifically stated that they gave amount to defendant for taking distributorship - Defendant having failed to return said amount executed one written agreement admitting amount given by plaintiffs and also agreed to sell suit land to plaintiffs - Defendants did not appear before Court below..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
Agreement to sell -- Specific performance - Relief of specific performance is an equitable relief and not to be granted for mere asking - But at the same time, refusal of said relief should not be resorted to in an arbitrary and unreasonable manner...........
Agreement to sell -- Specific performance - Readiness and willingness - By insisting on performance of impermissible and impossible term of contract, one cannot be permitted to plead that other party to transaction failed to prove his readiness and willingness...........
Agreement to sell -- Specific performance - Time as essence of contract - In transactions pertaining to immovable properties, normally time should not be treated as essence of contract - Mere incorporation in written agreement of a clause imposing penalty in case of default does not by itself evidence an intention to make time of the essence...........
Stamp Act, 1899, Section 33, 35(As -- Impounding of document - Agreement to sell - Not duly stamped - Agreement to sell drafted on plaint paper - Not within purview of documents not duly stamped - Document cannot be impounded U.O.13.R.8 CPC. (Civil Procedure Code, 1908, O.13.R.8)...........
Agreement to sell -- Plea of fraud and fabrication - Person who alleges fraud, forgery or fabrication has to prove the same...........
Agreement to sell -- Specific performance - Plea of fraud and fabrication - Bald plea of fraud and fabrication alleged by defendant but not an iota of evidence produced to substantiate such plea - Plaintiff on the other hand proved agreement to sell by producing attesting witnesses, typist and Notary public in Court - Said witnesses were duly cross-examined and their..........
