Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Recovery of unpaid consideration - Part of amount paid and balance consideration promised to be paid - Seller has legal recourse u/s 55(4)(b) of the Act for amount unpaid and interest on such amount - Merely because it is not so specifically mentioned in sale deed, it does not take away right of seller to..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deed - Deduction of 60% from market value of a sale deed - There was no detailed discussion either by Reference Court or Appellate Court by taking into account relevant factors for making deduction of 60% from market value of a sale deed which was executed - Impugned order of..........
Agreement to sell -- Specific performance - Plaintiff paid only 8% of sale consideration as advance - Plaintiff thus not entitled to discretionary relief of specific performance - Relief of specific performance rightly refused. (Specific Relief Act, 1963, S.20)..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Suit for specific performance - Defendant had been lackadaisical and tardy in not contesting the suit - It cannot be believed that defendant did not have knowledge of pendency of suit as before filing of the suit a legal notice under registered cover was served - Plaintiff in pursuance to..........
Transfer of Property Act, 1882, Section 45 -- Sale deed - Two or more purchasers - Three eventualities envisaged by the provision of S.45 of the Act are : (i) If the consideration has been paid out of a joint fund belonging to them in common, they are, in absence of a contract to the contrary, respectively entitled to interests in such property identical to their share in..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff repeatedly asked defendant to come forward to perform his part of agreement - He paid entire sale consideration in terms of agreement - Factum of purchasing stamp papers by plaintiff also stands proved on record - Plaintiff thus, discharged onus upon him by leading cogent and convincing..........
Agreement to sell -- Specific performance - Relief of specific performance - Barely 4.5% of total sale consideration paid - Relief of specific performance ought not be granted where only nominal amount is paid out of total sale consideration - Decretal of suit set aside...........
Agreement to sell -- Specific performance - Plaintiff just paid about 9% to 10% of total sale consideration - Plaintiff not entitled to discretionary relief of specific performance...........
Agreement to sell -- Decree of specific performance - Review - Plea for review of decree on account of appreciation of value of suit property by passage of time - Plaintiff paid not only the entire sale consideration but also the registration expenses - No case is made out that sale deed could not be executed because of some lapses on part of plaintiff - On the contrary,..........
Agreement to sell -- Suit for specific performance - Admittedly, son of defendant was involved in a murder case - He was facing trial when alleged agreement to sell was executed - It is abnormal that even after paying 50% as earnest money out of total consideration, date for execution and registration of sale deed was fixed after a period of one year and 6 months - Still..........
