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amount of Rs.12 lakhs allegedly paid to defendants as earnest money - Though witness of plaintiff deposed that he had withdrawn the amount from bank, however, no record pertaining to said withdrawal was produced - Suit rightly dismissed...........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..........
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..........
Agreement to sell -- Specific performance - Execution of agreement to sell proved by marginal witness as well as scribe - As defendant was minor at the time of execution of agreement, decree of refund of earnest money with interest, upheld...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Summoning of opposite party as its own witness - Entire case of plaintiff is based on agreement to sell - Opposite party not named in the list of witnesses - Opposite party not a signatory of the said agreement - Presence of opposite party not relevant especially in view of admitted fact that opposite party is not a signatory..........
Agreement to sell -- Validity - Once defendant himself conceded in his testimony that money was received in terms of agreement to sell in question as well as signature on said agreement were of his father, merely because deed writer was not produced and there are minor discrepancies in statement of attesting witness, will not hamper the concurrent findings recorded by..........
