Specific Relief Act, 1963, Section 28 -- Recession of contract - DH had promptly filed for execution of decree immediately after expiry of 60 days from the date of appellate Court decree - No specific mode for payment/deposit of balance consideration was provided for in the decree - DH sought direction from Court to permit them to deposit amount in Court - Prayer to extend..........
Agreement to sell -- Registration - Once execution of registered agreement is admitted by defendant, endorsements made by sub-Registrar would be presumed to be correct u/ss 58, 59, 60 of Registration Act...........
Specific Relief Act, 1963, Section 22 -- Specific performance - Bar of S.22 of the Act - Neither any relief in terms of S.22 (1) (a) of the Act was claimed nor has been granted by courts below - Argument that suit was barred by S.22 of the Act, does not have any force - Moreover, once execution of agreement is admitted by defendant, he cannot get advantage of any recital..........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption is with regard to proper execution of document which is 30 years old and not the proof of execution thereof...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Evidence Act, 1872, Section 90 -- 30 years old document - Presumption - Mere age of document is not a conclusive proof of its due execution - At least a prima facie proof is necessary to show that document is 30 years old for raising presumption u/s 90 of the Act, though it is rebuttable presumption...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs failed to plead specifically with details about the restriction said to have been imposed by State on registration of sale deeds relating to similar survey numbers and revenue sites - They even failed to get the sale deed executed within three months as per agreement - Even before filing a..........
Agreement to sell -- Specific performance - Mere execution of sale agreement itself is not a ground for granting relief of specific performance - Even when Court comes to conclusion that there is an agreement, Court has to see the conduct of parties while granting relief of specific performance...........
