Vendor Archives

Possession before execution of conveyance

Prior Possession Cannot Be Taxed Under Article 5(e)(i) Karnataka Stamp Act; Statute Has No Residual Clause for Pre-Existing Possession: Karnataka HC

The Court set aside the impugned judgment imposing the penalty under Article 5(e)(i) of the Schedule to the Karnataka Stamp Act, 1957. The statute does not have a residual clause for Article 5(e) nor provides for a scenario where the property was previously handed over to the purchasee prior to the agreement to sell was to be entered into.

purchaser not ready and willing if did not treat contract as subsisting

Cases Reported Never Reported Judgments

Never Reported Judgment| Purchaser cannot be said to be ready and willing to perform his part of contract, if he does not treat the contract as subsisting [(1953) 1 SCC 234]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on personal bars to relief in specific performance of contract.

vendor defective title specific performance

Cases Reported Never Reported Judgments

Never Reported Judgement| Vendor cannot urge his defective title as an answer in specific performance suit by purchaser [(1952) 2 SCC 124]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance in imperfect title.

Case Briefs Supreme Court

Condition of Right to Repurchase in Sale Deed not Personal unless specifically stated: SC

The Court also said that the right to repurchase can always be assigned and the contract containing such condition shall be enforceable, with only exception that such a right should not be personal in nature.

Case Briefs High Courts

Chh HC | Sub-Registrar appointed under Registration Act is not empowered to make roving enquiry qua title of vendor; FIR against Sub-Registrar quashed

Chhattisgarh High Court: Sanjay K. Agarwal, J. allowed a petition filed by a Sub-Registrar duly appointed under Section 6 of the Registration Act,