Hindu Law -- Coparcenary property - Alienation by father - Suit property had lost its status of coparcenary property in 1985, when mutation in respect of property in question was attested in favour of wife and son of grandfather of plaintiff - Said mutation remained as it was, without there being any challenge - On date of execution of agreement to sell, suit property was..........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell - Dominion of property not entrusted to buyer - Property neither of some other person nor accused was holding such property on trust for other person - Non execution of sale deed or no, refund of earnest money - Does not amount to criminal breach of trust...........
Agreement to sell -- Specific performance - Plaintiff got examined himself as PW1 and attestors as PW2 and PW3 to prove agreements of sale - Nothing was elicited to impeach their evidence regarding execution of agreements in question - Plaintiff also issued notice to defendants demanding execution of sale deed - Defendants did not issue any reply denying execution of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Decree for specific performance - Appeal cannot be dismissed solely on ground that impugned decree and judgment are put into execution - If appellant is able to demonstrate that he could not contest the suit on merits bona fide and if reasons offered by appellant are acceptable, impugned judgment and decree will have..........
Agreement to sell -- Specific performance - Sale deed should be executed after measuring of land as admitted by defendant/vendor - However, no measurement was carried out at any point of time, more particularly after execution of agreement to sell - Plaintiff was thus, justified in asking and insisting for measurement and title papers of property in question before calling..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Sale deed in favour of wife - Merely because of stamp duty at the time of execution of sale deed was purchased by husband, by that it cannot be said that sale deed in favour of wife was benami transaction...........
Specific Relief Act, 1963, Section 20 -- Specific Performance - Auction sale - Plaintiff purchased the plot in auction - He directed to deposit 75% of sale proceeds along with simple interest - Plaintiff deposited the said amount within 15 days in compliance of said direction - Suit of plaintiff rightly decreed by trial Court and affirmed by Appellate Court - Decree in..........
