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The Court also clarified that to determine the stamp duty that is chargeable upon an instrument, the legal rule is that the real and true meaning of the instrument is to be determined by ascertaining the intention of the parties from the contents and the language employed in the whole instrument
Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.
This report covers the Supreme Court’s Never Reported Judgment, on suit for specific performance, dating back to the year 1953.
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance
Supreme Court: In a suit where the Karta of a Joint Hindu Family, consisting of himself, his wife and his son, had
Delhi High Court: Suresh Kumar Kait, J., allowed a petition wherein directions were sought for quashing the complaint case filed against the petitioner
Patna High Court: Birendra Kumar, J. allowed a petition since the entire factual position of the case, made out a case of
Punjab and Haryana High Court: Amit Rawal, J. dismissed an appeal against the decree of the suit for specific performance of the
Punjab & Haryana HC: The Bench of Raj Mohan Singh, J. dismissed a revision petition on the ground of insufficient evidence but