Civil Procedure Code, 1908, Section 64(2), Order 38, Rule 10 -- A prior agreement to sell prevails over an attachment made in execution of a decree based upon a subsequent contract - An agreement for sale creates an obligation attached to the ownership of the property and an attachment made in execution of a decree is not free from the obligations incurred under a prior..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Agreement to sell - Non execution of sale deed inspite of receiving earnest money - Complaint of cheating - Dismissal of complaint - High Court holding that a clear case of cheating is made out and directions issued to make further inquiry and pass appropriate order - Held, High Court could not have passed such orders..........
Agreement to sell -- Specific performance - Prohibition of sale of land to non agriculturist without obtaining permission - Agreement clearly stating that sale transaction was to be completed only after obtaining necessary permission - Such agreement is not invalid...........
Agreement to sell -- Specific performance - Decree for specific performance cannot be refused merely because there is escalation of prices...........
Agreement to sell -- Execution of Will thereafter - A Will executed by a testator comes into operation only after the death of the testator - Before his/her death, testator always enjoy property with all alienable rights - Execution of Will by owner does not divest his/her rights over the property - Execution of Will after execution of agreement is rendered ineffective -..........
Agreement to sell -- Execution of gift deed thereafter - Non acceptance of gift by donees - Not a valid gift - Even if property passed on to donees they are bound to execute sale deed in fulfillment of vendor's obligation under agreement to sell...........
Evidence Act, 1872, Section 58 -- Agreement to sell - Admission of execution by executant - When execution of agreement of sale by its executant is admitted, it need not be proved by vendee...........
Specific Relief Act, 1963, Section 20, Evidence Act, 1872, Section 58 -- Agreement to sell - Admission of execution by executant - Co-defendants who claim right and interest in the same property may not challenge admission made by executant though they can oppose specific performance of such agreement of sale on other grounds - They cannot challenge the very execution of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Oral agreement to sell - Receipt of receiving two lacs issued - It was agreed that the agreement to sell shall be entered into within two months after discussing the details of the terms and conditions and the price - Pursuant to the token receipt, two other documents executed on behalf of the defendants..........
Agreement to sell -- Execution - Proof - Spacing of lines - On the upper half of the page of agreement the letters bigger in size and in the remaining half the letters are smaller and put densely and closely also - Held, this circumstance has to be considered along with other attending facts and circumstances of the case...........
