Agreement to sell -- Specific performance - Readiness and willingness - It is not enough for plaintiff to be merely willing to complete transaction but he must also exhibit readiness coupled with said willingness to satisfy Court that he had wherewithal to pay balance sale consideration and he was willing to go ahead and pay same and complete sale transaction - Unless both..........
Specific Relief Act, 1963, Section 31, 34 -- Suit for cancellation of sale deed - Where suit is filed by executants for annulment/cancellation of registered instrument, such suits are governed by S.31 of the Act - However, if a non-executant wishes to claim that instrument is bad due to any other reason, then he is required to file a suit for grant of a decree of..........
Agreement to sell -- Specific performance - Where substantial part of sale consideration is paid when suit agreement is executed or at any time before action is brought, discretion generally ought not be exercised against granting specific performance u/s 20 of Specific Relief Act...........
Will -- Joint Will or mutual Will - Will executed by parents of defendant in favour of their children - Beneficiaries are not the testator themselves - Will in question is a joint Will - Surviving spouse i.e mother of defendant had only a limited right in the property and not an absolute right to deal with the property - Defendant thus, cannot wriggle out of his..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - A vendor cannot transfer a better title to the vendee than he himself possesses...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff was allotted the suit land vide sale certificate which was duly proved by PW3 - Failure of defendants to produce any sale certificate in their favour as set up by them in written statement besides even proving their possession over suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be ground to reject plaint U.O.7.R.11 CPC - Merits of such pleas are to be adjudicated by trial Court after conducting a trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Call detail record by itself cannot carry forward case of prosecution to show that contraband was sold by accused to co-accused - It can only show that both of them were in contact with each other, but would not lead to any inference that they were selling and purchasing the charas - No..........
Agreement to sell -- Lease/sale/conveyance or transfer rights prohibited or barred under the Fragmentation Act - As agreement to sell is not a conveyance, it does not transfer ownership rights or confers any title - Therefore, agreement to sell cannot be said to be barred under Fragmentation Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not produced any document to show his readiness i.e financial capacity - He has also not let any proof to show his willingness - No explanation given by plaintiff as to what transpired to wait for two long years to approach defendant for execution of sale deed after execution of agreement..........
