Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Determination of compensation - Land in question is surrounded by various educational institutions, houses, railway stations, etc - Considering sale instances available in respect of land in question and deduction 30% of amount for development, it would be appropriate to ward compensation @ Rs.100 per s.q.m -..........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Purchaser has to aver and prove readiness and willingness to perform his part of contract as from date of execution of agreement till filling of suit, during pendency of suit, till passing of decree - Absence of purchaser in not appearing before office of sub-registrar proves that he was not..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Cancellation of a registered sale deed by vendor without notice to vendee and without his consent and without joining him as a party to the cancellation deed - Not valid in law...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 10 -- Conditional sale - Mere mentioning of conditions resulting in payment of development charges and other charges to the concerned Department is a regular feature in the sale deed and merely on that basis sale cannot be declared as conditional sale particularly when full consideration has..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for specific performance - Where in the agreement of sale, specific date has been fixed for performance of agreement, then no, compliance of agreement on the said date would give a cause of action to file the suit for specific performance within three years from the date so fixed..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court fee - Payment - A sale deed executed through guardian is on better footing that the case where the sale deed bears the signatures of petitioner, which otherwise obtained by fraud - Held, petitioner is liable to pay ad valorem court free...........
Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Joint property - During pendency of partition proceedings sale deed was executed in favour of plaintiff - Held, purchaser of co-parcener's undivided interest in joint family property is not entitled to possession of what has purchased - Purchaser has only right to sue for partition of property and ask for..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said sale deed negating right of appellant..........
Agreement to sell -- Sale by attorney in favour of his relatives - Attorney exercising powers commensurate with authority so assigned - There was no bar of alienation by the principal through attorney in favour of any person - Merely because transaction by attorney is in favour of his relations does not ipso facto be termed as a fraudulent one...........
Agreement to sell -- Specific performance - Limitation - Suit filed after five years of agreement and there being entire payment of consideration amount creates a suspicious circumstance as plaintiff kept mum and made no efforts for getting sale deed executed or showed any element of readiness and willingness - Rather plaintiff actively participated in conferring power of..........
