Specific Relief Act, 1963, Section 20 -- Suit for specific performance-Plaintiff seeking registration of sale deed - Perusal of agreement between parties show that it was not an agreement to sale but a document recording grant of loan to defendants - As per said document on default of payment plaintiff be entitled to get land by registered sale deed - Only Rs. 20,000/- was..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - Claim petition - An attachment order in execution petition in respect of property disables the owner thereof to sell it in favour of third parties and if it is proved that sale of property took place with the knowledge of attachment, it can certainly be ignored by executing court in the..........
Revenue sale -- Concept of revenue sale of immovable property is not recognized in law as it does not transfer title to purchaser...........
Stamp Act, 1899, Section 33, 35 -- Unregistered and unstamped sale deed - Unregistered sale deed is an instrument which requires stamp duty and admittedly required stamp duty was not paid - Admissibility in evidence of unstamped sale deed is absolutely barred and same is not admissible for any purpose and liable to be impounded...........
Court Fees Act, 1870, Section 7(ivA) - - Sale deed - Suit for cancellation of sale deed or adjudging it void or voidable - Valuation of suit has to be on the market value of the subject matter of sale and not on sale consideration shown in the instrument - Market value of property has to be ascertained by keeping into consideration the explanation to S.7(iv-A) of the Act...........
Agreement to sell -- Specific performance - Readiness and willingness on part of plaintiff is required to be from the date of execution of agreement of sale itself - Though he need not demonstrate ready cash or bank balance, he must prove to the satisfaction of Court that he is ready to perform his part of contract in accordance with terms thereof...........
Agreement to sell -- Specific performance - Readiness and willingness - Date stipulated in agreement of sale for payment of balance consideration cannot be treated as so sacrosanct as to result in denial of relief if amount is not paid on that date - Readiness must be established sometime around that date...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff did not offer to pay the balance consideration nearly for three years - It cannot be said that plaintiff was ready and willing to perform his part of contract - Court rightly declined relief of specific performance and ordered refund of advance sale consideration - However, rate of interest enhanced..........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Defendant entered into an agreement to sell with plaintiff regarding part of tenanted property during pendency of suit - Relationship of landlord/tenant cannot came to an end on execution of agreement to sell especially in view of fact that possession was to be delivered on date of execution and..........
Contract Act, 1872, Section 176 -- Banking Regulation Act, 1949, S.8 & Schedule III - Loan on security of gold ornaments - Default in repayment of loan - Sale of gold ornaments is part of banking business - Bank sells the goods not as agents of borrower but as pledgees...........
