Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Right, title and interest of plaintiff on suit property on basis of registered sale deed has been concurrently held by Courts below - No unimpeachable and credible evidence on record to deny such right, title and interest of plaintiff over suit property - Findings of fact concluded..........
Agreement to sell -- Specific performance - Post dated cheque issued towards part payment - Cheque returned as `payment stopped by attachment order' as there was raid conducted by IT Department and bank account was attached - Cheque was not returned for the reasons of insufficient funds in the bank account - Cannot be said a worthless cheque issued towards part sale..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property declared as plaintiffs Courtyard by Trial Court after carefully analyzing boundaries shown in two sale deeds - Lower Appellate Court reversed the findings of trial Court and has rendered opinion bereft of reference to documentary evidence, which trial Court..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff is not required to prove cash in hand throughout but is required to prove that he had the capacity to pay the balance sale consideration, based on reliable documents...........
Agreement to sell -- Specific performance - Readiness and willingness - Issuance of notice calling upon vendor to execute sale deed and appearing before Sub-Registrar on the target date and obtaining an affidavit in this regard - Not proof of readiness and willingness on the part of vendee...........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Market value - Where sale deeds which are nearer to Notification of S.4 of the Act are with respect to small areas of lands and even price is also at variance, it is not safe to determine compensation relying upon those sale deeds...........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration on the basis of sale deed - Simultaneously plaintiff also claimed title on the basis of adverse possession - High Court held that plea of ownership based on sale deed and plea of adverse possession, both, are contrary to each other and plaintiffs cannot be permitted to take both the pleas at the same time -..........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff from the date the balance sale consideration was payable in terms of agreement to sell, till decision of suit, is a condition precedent for grant of relief of specific performance...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed on the ground that plaintiff was ill and undue influence was exercised by defendant - Plaintiff was not proved to be ill on the date of execution of sale deed as alleged - Doctors who had given prescriptions were never produced - None of brother of plaintiff had come in the witness box to..........
