Agreement to sell -- Specific performance - Plea that dimensions of property not mentioned in the agreement to sell - Defence of defendants was total denial of agreements of sale and they did not dispute identity of property - Moreover when notice was issued to defendants calling upon them to execute the sale deed, they did not issue any reply to the said notice denying..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Supplemental agreement executed between parties that defendants will execute agreement of sale soon after original vendor returns home and in case he did not return, within 7 years from date of his missing - Seven years period under agreement expired on 18.12.2009 - Thereafter notice was..........
Jammu and Kashmir Arbitration and Conciliation Act, 1997, Section 9, 37 -- Cancellation of contract after extending period - Loss due to cancellation of contract - Liability - Damages - Agreement entered into between parties was determinable in nature and so no being enforceable contract at law - Compensation in terms of Specific Relief Act is an adequate remedy - So..........
Agreement to sell -- Validity - In absence of any material evidence on record to establish that document contains signatures of defendant, same cannot be held to have been duly proved...........
Agreement to sell -- Validity - Mere denial of agreement would not automatically establish execution of agreement, particularly when plaintiff failed to prove execution of agreement...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner failed to establish his possession over suit property on basis of unregistered agreement to sell or that said agreement contains any clause of transfer of possession - Agreement which does not even reflect transfer of possession of suit property, cannot entitle petitioner for..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchasers - Respondents had no knowledge of agreement to sell in favour of plaintiff - They made enquiries before purchasing of suit land and land found to be free from any liability - No challenge made to said fact - Possession of suit land never delivered to plaintiff on the basis of purported agreement to sell -..........
Agreement to sell -- Validity - Suit for specific performance - Plaintiff and defendant are closely related to each other - No payment was made by plaintiff at the time of execution of agreement to sell to defendant - Agreement was prepared later in point of time in order to cause loss to subsequent purchasers as stated by PW3 - Agreement is thus, is the result of..........
Contract Labour (Regulation and Abolition) Act, 1970, Section 10(1) -- Contract labour - Prohibition notification u/s 10(1) of the Act - Contract labourer was allowed to continue in establishment under the self same agreement executed prior to prohibition notification and agreement extended from time to time by competent authority even after issuance of prohibition..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Agreement to sell - Plaintiff is entitled to protect his possession, may be under an agreement of sale, except in due course of law - Relief of injunction cannot be denied on the ground that agreement to sell is unregistered...........
