Agreement to sell -- Breach of agreement - Remedy - Where there is breach of agreement before stipulated date for execution and registration of sale deed, vendor entitled to invoke jurisdiction of civil Court by seeking injunction - However, after expiry of stipulated date or breach vendor can seek specific performance...........
Karnataka Municipal Corporations Act, 1976, Section 310 -- Sanction plan - Violation of lease-cum-sale agreement - Allegations of construction raised in contravention to plan sanctioned by Nagar Palike - Plea that building are made in two plots and could be used for commercial purposes - Mere existence of some deviations in buildings does not lead to any definite..........
Income Tax Act, 1961, Section 269UD -- Order of compulsory pre-emptive purchase - On ground that attempt made to evade taxes - Collaboration agreement between parties involved mere grant of license and there was no sale, lease or exchange involved in this transaction - Therefore `transfer', for the purpose of Chapter XXC does not occur - Order of Authority found to be bad..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Unregistered agreement to sell - Plaintiff pleaded his rights on the basis of an unregistered agreement and had utterly failed to prove the same - Lower Courts concurrently gave finding that plaintiff could not prove grounds for cancellation of sale deed mentioned in plaint - No interference warranted..........
Agreement to sell -- Decree for specific performance - Adjustment of costs awarded in payment of balance sale consideration - Decree holder cannot set off or adjust the costs awarded in the payment of balance sale consideration - Remedy lies to realise the costs U.O.21.R.32 CPC. (Specific Relief Act, 1963, S.20, Civil Procedure Code, 1908, O.21.R.32)...........
Agreement to sell -- Recovery of possession - Defendants were put into possession in part performance of agreement to sell and they have not claimed any specific performance of agreement to sell - Defendants failed to prove the payment of entire sale consideration - Status of defendants is nothing but that of a trespasser - Since defendants were in possession of property,..........
Transfer of Property Act, 1882, Section 55(6)(b), 100, Registration Act, 1908, Section 17 -- Agreement to sell - Charge over property for the amount of advance sale consideration - If buyer does not improperly decline to accept delivery of property, a charge is created over the property for the amount of advance sale consideration - Charge is created by operation of law..........
Agreement to sell -- Specific performance - Non-payment of balance sale consideration - Mere no, payment of balance sale consideration by purchaser, would not entitle seller to forfeit earnest money or to contend that agreement had become void/frustrated - Suit rightly decreed partly i.e alternative relief of earnest money along with 6% interest...........
Agreement to sell -- Suit for specific performance - Though vendee was aware that disputed land was mortgaged with bank - Still no stipulation was made to clear dues of bank and get it released and then only vendor to execute sale deed - Furthermore, fact that vendor was present in office of Sub-Registrar and vendee was not ready to get sale deed executed unless bank dues..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale or sale with condition of repurchase - Condition of repurchase contained in a separate deed - Original sale deed can never be regarded as mortgage - Deed of transfer is out and out sale and condition contained in a separate document would only be regarded as separate agreement for..........
