Registration Act, 1908, Section 17 -- Registration - Nature of document in question essentially is an agreement between parties to obtain a future document and same is for purchase of property and not for its transfer - Document thus, not liable to be registered...........
Agreement to sell -- Specific performance - Plaintiff failed to establish that he is possessing sufficient money to settle amounts in favour of defendant and bank statement of plaintiff shows that he was possessing only Rs.800 in his account - Relief of specific performance not granted to plaintiff - However, there is no prayer for alternate relief in suit, but Court..........
Agreement to sell -- Specific performance - Relief of specific performance not granted - Alternate relief granted even when there was no prayer for grant of alternate relief of refund of advance amount as in the event of not granting alternate relief, plaintiff would be prejudiced and apart from it, it will be unjust encroachment for the defendant - Alternate relief of..........
Agreement to sell -- Specific performance - Relief of specific performance be granted by ascertaining intention as well as conduct of parties...........
Agreement to sell -- Specific performance - Plaintiff is a financier and he was lending money - Defendant borrowed loan amount on certain emergency circumstances and refunded some amount towards repayment of loan - Plaintiff obtained suit sale agreement by way of security - Market price of suit property is undoubtedly higher than that of sale consideration fixed in sale..........
Agreement to sell -- Specific performance - Plaintiff found not entitled to the relief of specific performance - Refund of advance amount when not prayed for - Plaintiff is entitled for refund of advance amount alongwith interest, though there is no prayer in the plaint...........
Agreement to sell -- Specific performance - Alternative relief of refund of advance amount is a consequential relief in a suit for specific performance...........
Agreement to sell -- Specific performance - Courts cannot direct a party to execute sale deed, if sale consideration is inequitable or nature of contract or circumstances are over mitigating factors - These are the factors to be considered for the grant of relief of specific performance...........
Agreement to sell -- Specific performance - Alternative relief of refund of advance amount - Market price of suit property far higher than sale consideration fixed in between parties - Court cannot direct a party to execute sale deed, if sale consideration is inequitable - Relief of specific performance set aside - Defendant directed to refund advance amount to plaintiff..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has taken different stands as to payment of balance amount as he states that he had withdrawn the amount from bank but no evidence is produced and also states that he had taken loan from a commission agent but not examined as a witness - Plaintiff in his suit claims that defendant did not..........
