Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Selling land to someone else - Proceedings quashed by High Court as (a) A copy of the agreement to sell not produced; (b) Details of agreement to sell not given; (c) date of alleged agreement to sell not given; (d) Area of land covered by the agreement or the rate at which the land was agreed to be..........
Specific Relief Act, 1963, Section 22 -- Refund of earnest money - Agreement for sale of immovable property - Deficiency in extent of property found when buyer conducted survey of property on being suspicious of artificial clause in agreement regarding buyer's/plaintiff satisfaction with extent of property - Parties agreed to execute new agreement incorporating correct..........
Contract Act, 1872, Section 73 -- Damages - Grant of - Fundamental principle - Held, it is fundamental principle that party who commits breach is liable to compensate and party who suffers breach is entitled to claim damage - Therefore, it is essential that a person who claims damage for breach of a contract should have performed or should have been ready to perform his..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
Agreement to sell -- Plea of lack of title - This plea is not available to vendor - However, it is open to the purchaser to plead so...........
Agreement to sell -- Specific performance - Relief of - Discretionary relief - Plaintiff paid the entire sale consideration and obtained possession of property on the date of agreement - No other obligation to be performed by the plaintiff - No reason to deny relief of specific performance...........
Agreement to sell -- Oral - Date of agreement - Plaintiff not sure - It is difficult to discern the existence of the consensus ad idem which is sine qua non for any agreement - Plaintiff, thus miserably failed to prove the very existence of agreement...........
Agreement to sell -- Oral - It is not necessary that an agreement of sale must be in writing but where an oral agreement of sale is pleaded in respect of any item of property, heavy burden rests upon plaintiff to prove every facet of the same through cogent and acceptable evidence...........
Court Fees Act, 1870, Section 7(ivA), 7(v) -- Suit for declaration that agreement to sell is void - Court fee - Agreement to sell cannot be treated at par with sale deed - Suit cannot be valued on the value of immovable property - Suit cannot be valued at annual rental value of land - Suit should be valued on the earnest money paid...........
Will -- Execution - Proof - Registered - Testatrix signed Will before Sub Registrar in presence of two attesting witnesses - One attesting witness examined and proved execution - Sub Registrar read contents of Will and testatrix, educated lady, showed agreement - Testatrix normal, well balanced and smiling at time of execution - Testatrix nor suffering from any mental..........
