Agreement to sell -- Specific performance - Defendant contended that he had not received any earnest money from plaintiff - However, plaintiff examined attesting witnesses of agreement to sell who deposed not only execution of agreement but that defendant received earnest money of Rs.1 lakh - Acknowledgment receipt of further amount Rs.1 lakh paid to son of defendant was..........
Specific Relief Act, 1963, Section 13 -- Imperfect title - Suit for recovery of earnest money - Agreement shows that neither defendant had saleable title qua specific khasra numbers regarding which he agreed to sell to plaintiff nor he alleged that original owners had title qua specific khasra numbers - Even, there was no agreement in favour of defendant by anybody to sell..........
Agreement to sell -- Suit for specific performance - Maintainability - Once no agreement survives between parties, having been determined by plaintiff on account of failure of defendant to perform his part of agreement then there is no requirement for plaintiff to file suit for specific performance...........
Agreement to sell -- Forfeiture of earnest money - Can be done where no, performance is from the side of vendee and not the consequence of determination of agreement by vendee due to default of vendor...........
Agreement to sell -- Validity of terms of agreement - Once agreement does not survive, its term also does not survive...........
Arbitration and Conciliation Act, 1996, Section 31(7)(a), (b) -- Arbitral award - Interest - Grant of - It is permissible to award interest on awarded sum, subject to agreement between parties, as per S.31(7)(a), (b) of the Act...........
Rent and Eviction -- Renewal clause in agreement - Term in lease agreement for renewal of lease does not ipso facto extend the tenure or term of lease...........
Rent and Eviction -- Renewal clause in agreement - Such covenant only entitles a lessee to obtain a fresh lease in accordance with and in due satisfaction of law governing the making of leases - In the absence of renewal of rent agreement, possession of tenant becomes unlawful and he is liable to be evicted...........
Rent and Eviction -- Sub letting - Transfer of interest in tenancy leading to creation of third party interest - Sub letting of premises for commercial purpose agreed to by the parties - However, transfer of interest in tenancy leading to creation of third party interest in the suit property could not have been done in the absence of a specific term in the rent agreement -..........
Agreement to sell -- Specific performance - Primary relief of specific performance need not to be granted simply because same is lawful to do so - At the same time, it is also settled and well established principle of law that said relief cannot be refused in an arbitrary, illegal, unreasonable and inequitable manner. (Specific Relief Act, 1963, Ss.16, 20)..........
