Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Applicant not able to produce any evidence to indicate that respondents had intention to deceive applicant from the very inception - He also did not issue any notice to respondent No.1 for execution and registration of agreement to sell - Applicant has also not produced on..........
Agreement to sell -- Ready and willing - Readiness and willingness are two different expressions - Even though S.16(c) of Specific Relief Act has used the same conjointly, yet each of them needs to be pleaded and proved independently...........
Agreement to sell -- Suit for specific performance - Ready and willing - Mandate of statue is not dependent upon defence raised by defendant...........
Agreement to sell -- Specific performance - Defendant not denied the execution of agreement but stated that same was executed by defendant at the time when he was not in his proper senses owing to old age - Defendant opted to appear through his special power of attorney (SPA) and himself remained absent - Special power of attorney admitted that his grandfather/defendant..........
Agreement to sell -- Does not create any title in the property...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Decree for permanent injunction cannot be passed only on the basis of possession in pursuance of an agreement to sell...........
Agreement to sell -- Agreement to sell in respect of immovable property - Title is not transferred in favour of purchaser under the agreement - Only mode by which an immovable property worth more than Rs.100/- can be sold is by of sale deed duly registered in accordance with Registration Act...........
Agreement to sell -- Specific performance - Plaintiff made repeated demands to defendant to execute sale deed - Plea by defendant that plaintiff had not issued any notice asking him to execute the sale deed - There is no rule in evidence that a notice must always be in a written form...........
Agreement to sell -- Agreement holder is never considered to be a transferee of the title as per the provisions of Transfer of Property Act and he is not entitled to institute any writ petition claiming any rights under the alleged agreement of sale...........
Property -- Inherited property - A property obtained through inheritance, whether by way of a Will or upon the demise of property owner, is classified as inherited property - Inheritor holds exclusive ownership over the said property, and is entitled to freely transfer, sell, or dispose of it at their discretion - There are no claims based on birth right, with ownership..........
