Indian Penal Code, 1860, Section 420, 506, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 558 -- Cheating - Quashing of FIR - Allegations against petitioner confined only to signing agreement to sell as an attesting witness, executed between complainant and co-accused qua which proceedings were already quashed - No averment or material on record to show that..........
Agreement to sell -- One attesting witness - S.10 of Contract Act nowhere mandates attestation by any specific number of witnesses - As per S.10 Contract Act, presence of witnesses does not affect validity of a contract unless expressly required by stature under which agreement has been executed. (Contract Act, 1872, S.10)..........
Agreement to sell -- Specific performance - Attesting witness to agreement to sell proved that amount was paid by plaintiff to defendant - Source of earnest money of Rs.10,31,000 is fully proved by plaintiff - Defendant led no evidence to rebut the testimony of attesting witness regarding earnest money having been paid in his presence - Suit rightly decreed...........
Agreement to sell -- Specific performance - Ready and willing - None of plaintiffs who were parties to agreements entered the witness box to prove their willingness to purchase property - Agreement upon which plaintiffs seek relief of specific performance had been expressly repudiated by vendors through notice - Plaintiffs, however relying on alleged part payments made..........
Agreement to sell -- Suit for specific performance - Suit property is situated in Haryana while agreement to sell was prepared on stamp paper purchased from Uttar Pradesh - There is no signature or seal of stamp vendor and neither was any examined by plaintiff - Even name of scribe is not forthcoming despite attesting witness deposing that agreement to sell was written at..........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Agreement to sell -- Specific performance - Long unexplained delay in not taking any reasonable steps by buyer and silence on the part of buyer in this regard while in witness box is itself sufficient to disentitle him to an equitable relief of specific performance...........
Agreement to sell -- Specific performance - Plaintiff failed to prove the source from where he generated huge cash amount of Rs.12 lakhs allegedly paid to defendants as earnest money - Though witness of plaintiff deposed that he had withdrawn the amount from bank, however, no record pertaining to said withdrawal was produced - Suit rightly dismissed...........
Agreement to sell -- Validity - Once purchase of stamp paper used for the purposes of execution of agreement to sell was doubtful, in the absence of examination of person to support said purchase, agreement to sell rightly discarded by Courts below especially when none of marginal witness belong to the same village to which parties to it belonged...........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
