Agreement to sell -- Specific performance - Time not essence of agreement - Agreement has to be performed within a reasonable time by taking into view all the surrounding circumstances and nature of property...........
Agreement to sell -- Specific performance - Time was not essence of contract - Suit filed after a long gap of 33 years from date of execution of agreement to sell - No effort was ever made by plaintiff to get sale deed executed in her favour - When plaintiff failed to file suit for specific performance within reasonable time from the date of execution of agreement and..........
Agreement to sell -- Specific performance - Further sale of property much prior to issuance of legal notice and institution of suit in favour of appellant No.7 - No relief sought for cancellation of such sale deed - Suit for specific performance is not maintainable...........
Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A of the Act - Agreement to sell - Un-registered agreement was entered into in between defendant and original owner - Though defendant was put in possession but he failed to pay balance sale consideration and as such no sale deed was executed in his favour - Defendant not entitled to have protection u/s 53-A..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff purchased the suit properties by registered sale deed - He thus, categorically proved his case as regarding title of suit property - In so far as possession is concerned, though defendant was put in possession on basis of agreement of sell but since he failed to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Commission agent - Pre existing `Arhant' relationship between parties - If payment has been made by complainant to accused, it cannot be assumed to be a loan unless otherwise proved - Account books cannot be equated with a promissory note - No explanation as to why loans were given without..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
