Agreement to Sell—Readiness and Willingness—Purchaser could not produce any document to show that he had the balance sale consideration with him on the relevant date—Subsequent deposit of sale consideration in appeal is of no consequence—Suit dismissed

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Stamp Duty--Agreement to sell property reduced in writing--No stamp duty is required to be paid, Stamp duty will be required to be paid if possession is delivered. Stamp Duty--An under stamped and an unregistered sale deed is neither admissible in a suit for specific performance nor for recovery of consideration money nor for any collateral purpose.

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Specific Relief Act, 1963, S.16--Agreement to Sell-Specific Performance-Agreement was signed by seller only and not by purchaser-Agreement remained in custody of seller and it did not mentioned how the alleged consideration was transferred-­Such agreement is not enforceable

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Agreement to Sell—Specific Performance—Where the factum of execution of the suit agreement in itself is doubted, no relief can be granted to plaintiff--The defendants have denied having signed any such agreement—No attempt was made by the appellant/plaintiff to confront the defendants and discharge the burden by examining any handwriting expert—The co-owner of the property was neither joined as party in the suit agreement, nor was his authority for execution of such agreement forthcoming—No proof was forthcoming regarding payment of earnest money

sclaw.in