Agreement to sell -- Specific performance - Plaintiff being a Police Constable was mandatorily required to seek permission from his department before entering into an agreement to purchase property of a high value - However, admittedly, he did not seek any such permission from the department - It is not the case of plaintiff that he and defendant were on such close terms..........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumption - Plea that it was executed as security for a loan and there was oral agreement to reconvey on payment of borrowed amount - No convincing evidence of oral agreement - In absence of convincing and cogent evidence, plaintiff is not entitled to adduce evidence invoking S.92 Proviso of Evidence..........
Agreement to sell -- Specific performance - Defendant admitted execution of sale agreement in his written statement but contended that same was executed only as a security - Since execution of agreement is admitted, entire burden is upon defendant to establish that sale agreement was executed only for security purposes - However, defendant failed to produce any document..........
Agreement to sell -- Specific performance - Agreement recites that loan is advanced to defendants, which they shall return after selling land for which plaintiff will have no objection - But if defendants failed to return the loan amount, plaintiff can get execution sale deed - It is thus, not a agreement to sell simpliciter - Agreement primarily is security for..........
Agreement to sell -- Specific performance - Agreement in question was executed as a security for repayment of loan - Date for execution of sale deed was extended despite plaintiff having paid more than 95% of sale consideration - Had it been true that parties actually intended to sell/purchase land and plaintiff had paid Rs.5,80,000 out of 6 lakhs without his being in..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(8) -- Right of redemption of Borrower/mortgagor - Borrower not deposited balance due together with costs, charges and expenses, in accordance with provisions of S.13(8) of the Act - Sale was confirmed and sale certificate was issued and registered sale deed was..........
Agreement to sell -- Specific performance - Agreement to sell whether a security document and not in fact agreement to sell - Agreement to sell in writing - Execution of agreement proved on record - Out of total consideration of Rs.3.70 Lakhs Rs.1 lakh paid as earnest money - Stamp paper for execution of sale deed purchased for the purpose of execution of agreement to sell..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In the instant case, accused issued two cheques on failure to execute sale deed - However, accused denying transaction of agreement of sale and stating that cheques issued as security for loan transaction - Material on record shows that amount of Rs.1,50,000/- paid by complainant to accused person, but..........
Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Sale deed in question was executed only as a security for loan - Plaintiff never intended to sell the property to defendants as per sale deed and agreement - Sale deed also not indicating it to be mortgage by conditional sale as per S.58(e) of T.P.Act - It is specifically mentioned in the..........
Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Inadequacy of sale consideration stated in sale deed indicates that plaintiff not intended to sell the property to defendants - Sale deed in question held, rightly declared to be mortgage as a security for repayment of loan taken by plaintiff...........
