Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - No explanation as to why plaintiffs remained silent for a period of 12 years from the date on which the complete balance sale consideration was paid by plaintiffs till the date on which the legal notice was issued to defendants - There is no..........
Agreement to sell -- Oral agreement to sell - Specific performance - Plaintiff and defendants were close friends - Payment of Rs.70,000 and handing over possession of suit block thus, not sufficient in the absence of cogent and reliable evidence to establish the oral agreement for sale - Burden is on plaintiff to prove with certainty that there was an oral agreement of..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants contended that plaintiff was not having sufficient funds to pay balance sale consideration - Contention has no substance as plaintiff successfully established her readiness and willingness to perform her part of contract by paying balance sale consideration...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants failed to perform their obligation with regard to demarcation of property - Unless vendor got subject land measured and demarcated within three months it is impossible for purchaser to get sale deed executed - Question of paying balance sale consideration as such, does not arise - However,..........
Agreement to sell -- Refund of advance amount - Non-performance of agreement by plaintiff - Court committed error by passing decree in favour of plaintiff to pay double amount of earnest money - If there is a specific forfeiture clause on non-performance of agreement by vendee entitling vendor to forfeit money advanced to him, vendee cannot have a premium on his..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Pre-emptor who claims right to pre-empt the sale on the date of sale, has also to prove that such right continued to subsist till passing of decree of first Court - If claimant losses the right or vendee improves his right equal or above the right of claimant before adjudication of suit, suit for pre-emption..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
Limitation Act, 1963, Article 96 -- Limitation - Waqf property - Sale of property comprised in a waqf, without previous sanction of Board, would be void - Art.96 of the Act cannot be invoked in case of void transaction...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Suit for cancellation of sale deed at the behest of non executant of the sale deed is not maintainable...........
