Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Agreement to sell -- Suit for specific performance - Petty amount of approximately 14% of total sale consideration was paid - Even additional amount of Rs.5 lakh agreed to be paid by plaintiff while extending the time for execution was not paid - Prices of suit property in the last approximately 20 years have increased phenomenally and in these circumstances, it will not..........
Will -- Proof - Propounder of Will is obligated under law to prove execution of the same as per requirements of S.63(c) of Succession Act and S.68 of Evidence Act...........
Specific Relief Act, 1963, Section 28 -- Recession of contract or for extension of time - Application can be entertained and decided by Execution Court provided it is the Court which passed the decree in terms of S.37 CPC...........
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..........
Civil Procedure Code, 1908, Order 21, Rule 105(2), Limitation Act, 1963, Section 5 -- Execution petition - Dismissed in default - Restoration - Applicability of S.5 of limitation Act - S.5 of Limitation Act is not applicable to any of provision U.O.21 CPC, in view of phrase `other than application under any of provision of O.21 CPC' used in S.5 of Limitation Act -..........
