Agreement to sell -- Specific performance - Merely an assertion in agreement to sell (Iqrarnama) regarding taking consideration of Rs.5 lakhs and handing over possession is not sufficient to prove possession over property, especially in the circumstances when property is a joint family property...........
Agreement to sell -- Specific performance - Joint property - Agreement executed by defendant and his brother and accepted earnest money jointly - Acceptance of part of sale consideration by one of them subsequently - Cannot be said to be in that person's individual capacity - It will bind both of them - They two are not separate legal entities - No overt act on part of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Contract -- Liability - High Court allowed writ and directed Respondent No.1 to pay irrigation restoration charges at Rs.50,000 per hectare - Respondent challenged the same - Whether a party to a contract is entitled to question the amount of consideration after signing the contract - Signing the agreement and issuing an undertaking would estop Respondent No.1 from..........
Contract -- Liability - High Court allowed writ and directed Respondent No.1 to pay irrigation restoration charges at Rs.50,000 per hectare - Respondent challenged the same - Whether a party to a contract is entitled to question the amount of consideration after signing the contract - Signing the agreement and issuing an undertaking would estop Respondent No.1 from..........
Agreement to sell -- Specific performance - Earlier ex parte decree granted in favour of plaintiff set aside - Defendant no.2 was impleaded as party on account of subsequent sale deed but defendants had not contested the case - Trial Court again proceeded ex parte against defendants and cancelled the sale deed executed in favour of defendant no.2 and directed specific..........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Agreement to sell - Stamp duty on a document is payable to authorities concerned i.e Collector of concerned area - Nothing on record has been produced before Court that stamp duty paid by plaintiff is not in accordance with law or is deficient in any manner even as of now - Imposition of penalty is within the..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Agreement to sell - Stamp duty on a document is payable to authorities concerned i.e Collector of concerned area - Nothing on record has been produced before Court that stamp duty paid by plaintiff is not in accordance with law or is deficient in any manner even as of now - Imposition of penalty is within the..........
Agreement to sell -- Specific performance - Readiness and willingness - Non production of pass book and/or bank account to prove of having cash and/or amount and/or sufficient funds/means to pay balance sale consideration - Unless plaintiff was called upon to produce pass book either by defendant or Court orders him to do so, no adverse inference can be drawn...........
