Agreement to sell -- Registered agreement with possession - Entire stamp duty leviable on sale consideration paid at the time of registration of agreement - Stamp duty was, thus, not leviable on the sale deed executed pursuant to the agreement to sell with possession as no stamp duty can be twice levied on the sale consideration with respect to one transfer...........
Agreement to sell -- Specific performance - Defendant herself committed breach of condition of agreement of sale by not measuring land prior to date agreed between parties - She belatedly did so after the date of performance - Plaintiff thus, was unable to pay the exact balance amount of consideration - Suit rightly decreed in favour of plaintiff...........
Civil Rules of Practice, Rule 203A, Civil Procedure Code, 1908, Section 151 -- Issuance of certified copy of photostat copy of an unmarked document - Unmarked certified copy of agreement of sale was allowed to be returned by permitting it to be substituted by a photocopy of said document - Application for issuance of certified copy of photostat copy of said unmarked..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Agreement to sell -- Specific performance - Readiness and willingness - In order to be successful, plaintiff need not jingle his coins or deposit the amount to the credit of Court unless and otherwise directed by Court - However, he must show his ability to generate funds for the purpose of converting the sale agreement into a sale deed...........
Agreement to sell -- Specific performance - Readiness and willingness - In order to be successful, plaintiff need not jingle his coins or deposit the amount to the credit of Court unless and otherwise directed by Court - However, he must show his ability to generate funds for the purpose of converting the sale agreement into a sale deed...........
Agreement to sell -- Specific performance - Any delay on the part of plaintiff is fatal to suit...........
Agreement to sell -- Specific performance - Any delay on the part of plaintiff is fatal to suit...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff not only `aver' but must also prove in order to get out of teeth of S.16(c) of Specific Relief Act...........