Agreement to sell -- Specific performance - Sale price - Plea of seller that sale price of Rs.3 lakhs was mentioned as Rs.45,000/- to save registration charges and stamp duty - Contention rejected by both the Courts below as in view of S.92 of Evidence Act, when terms of any contract are reduced to the form of a document, no evidence of any oral agreement or statement..........
Agreement to sell -- Specific performance - Relief of - Discretion of Court - Jurisdiction of decreeing specific performance is a discretion of Court and it depends upon facts and circumstances of each case - Court would take into consideration circumstances of each case, conduct of the parties, recitals in the sale agreement and circumstances outside the contract have to..........
Agreement to sell -- Specific performance - Agreement was executed 27 years ago - Time for performance of agreement was extended again and again for 8 years by plaintiffs but they failed to pay balance sale consideration and get the sale deed executed - In view of passage of time and escalation of value of property, grant of relief of specific performance would give an..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Plaintiff claims a right of pre-emption consequent upon registration of sale deeds in favour of applicant by other defendants in suit - Whether plaintiff would succeed on such a cause of action is too early to predict and such issue should stand to trial - It cannot be said that..........
Transfer of Property Act, 1882, Section 11 -- Conditional sale - Restrictive covenant - Condition stipulated in sale deed of previous owner not to use common chowk for private purpose - Cannot be enforced against subsequent owner when no restriction is mentioned in sale deed of subsequent owner as to use of common chowk...........
Joint property -- Sale of joint property without there being any family partition - Purchaser at the most will take joint possession along with other co-sharers...........
Specific Relief Act, 1963, Section 20 -- Specific performance - Discretion of Court - Mere inadequate sale consideration cannot be a ground for declining discretionary relief...........
Indian Merchant Shipping Act, 1958, Section 3(15) -- Admiralty jurisdiction of Court - Arrest of vessel by jurisdictional court - Appellant`s application for attachment order in other Court - Maintainability - In instant case subject vessel berthed at `M' Harbour, therefore, High Court of `M' alone had jurisdiction to entertain any claim - Since order of arrest of vessel..........
Agreement to sell -- Specific performance - Plea of readiness and willingness - A person who denies the execution and registration of sale deed, cannot be permitted to raise the plea of readiness and willingness - Suit rightly decreed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Offence against company - Cheque issued towards payment of sale of liquor - Complainant produced one of credit bills for which cheque was issued by accused - All cheques were given by accused together - When at least one of bills was produced, it can be said that unless contrary is proved by..........
