Agreement to sell -- Validity - Signatures and thumb mark on last page out of three pages - Large blank spaces on the first and second page of agreement and absence of thumb impression/signatures of parties and the attesting witnesses on these two pages, fortifies the conclusion that disputed agreement was transcribed on one of the blank stamp papers on which the thumb..........
Agreement to sell -- Specific performance - Agreement in question recites that defendant had received earnest money to the tune of Rs.16,00,000 out of total sale consideration of Rs.18,87,000 - Therefore, it does not stand to reason that plaintiff being a Police Constable would part with a huge sum of Rs.16,00,000 towards a transaction to purchase land and thereafter,..........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
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..........
Agreement to sell -- Registration - Once execution of registered agreement is admitted by defendant, endorsements made by sub-Registrar would be presumed to be correct u/ss 58, 59, 60 of Registration Act...........
Agreement to sell -- Specific performance - Bonafide purchasers - Land in question abuts the land of subsequent purchasers - Parties to the lis belong to the same village, same family and having adjoining lands - Knowledge of an agreement to sell executed in favour of one party is known to the inhabitants of same village - Subsequent purchasers cannot be held to be bona..........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed and registered within one month - At the end of document a clause incorporated that said agreement will be valid for five years - Reason for incorporating this clause not spelled out - However, it does not change the date fixed for the performance...........
Agreement to sell -- Suit for specific performance - Limitation - Validity of agreement is something different and does not change the date of performance...........
Agreement to sell -- Suit for specific performance - Limitation - Once there is a specific date fixed for performance, limitation would be three years from the said date...........
Agreement to sell -- Stamp duty - Once sale deed is executed and stamped, agreement of sale can no longer be independently subject to stamp duty, as it has merged into the sale deed...........
