Specific Relief Act, 1963, Section 22 -- Refund of earnest money - Agreement for sale of immovable property - Deficiency in extent of property found when buyer conducted survey of property on being suspicious of artificial clause in agreement regarding buyer's/plaintiff satisfaction with extent of property - Parties agreed to execute new agreement incorporating correct..........
Court Fees Act, 1870, Section 7(ivA) -- Suit for declaration of cancellation of sale deed - Valuation of court fee - Held, for cancellation of an instrument in which plaintiff or his predecessor is in title was not party, plaintiff is required to pay court fee on one-fifth of market value of subject matter...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
Agreement to sell -- Specific performance - Relief of - Discretionary relief - Plaintiff paid the entire sale consideration and obtained possession of property on the date of agreement - No other obligation to be performed by the plaintiff - No reason to deny relief of specific performance...........
Agreement to sell -- Oral - It is not necessary that an agreement of sale must be in writing but where an oral agreement of sale is pleaded in respect of any item of property, heavy burden rests upon plaintiff to prove every facet of the same through cogent and acceptable evidence...........
Court Fees Act, 1870, Section 7(ivA), 7(v) -- Suit for declaration that agreement to sell is void - Court fee - Agreement to sell cannot be treated at par with sale deed - Suit cannot be valued on the value of immovable property - Suit cannot be valued at annual rental value of land - Suit should be valued on the earnest money paid...........
Essential Commodities Act, 1955, Section 7 -- Orissa Foodgrains Dealers Licensing Order, 1964, CI.3 - Storage for sale of foodgrains - Business of - Proof - On Stock-cum-Price Board displayed in shop it was indicated that Q.22.50 of Suan, Q.3.00 of Ragi and Q.3.26 of Jawar were in store for sale - At the time of visit to shop inspecting authority while verifying stock of..........
Essential Commodities Act, 1955, Section 7 -- Orissa Foodgrains Dealers Licensing Order, 1964, CI.3 - Storage for sale of foodgrains without licence - Imposition of penalty & sentence - Validity - Application for grant of license was made prior to shop visit - Held, merely making an application does not authorize applicant to sell or store for sale any foodgrain in..........
Probation of Offenders Act, 1958, Section 3, Essential Commodities Act, 1955, Section 7 -- Orissa Foodgrains Dealers Licensing Order, 1964, CI.3 - Storage for sale of foodgrains without licence - Imposition of penalty & sentence - Release on probation - Held, provisions of the Act of 1958 is not applicable to offences punishable u/s.7 of Essential Commodities Act, 1955...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Petitioners on basis of alleged sale deed moved impleadment application in proceedings - Application rejected - Petitioners neither decree holders nor auction purchasers - Petitioners have no right to make objection or application U.O.21.R.97 CPC - Petitioners themselves are responsible for creating..........
