2017 A.P. Digest - June part

2017 A.P. Digest - June part-1
suit for specific performance - sale agreement is a fabricated one - The Court
below took the aid of a magnifying glass to look at the dates, to understand that the sale agreement was brought into existence and is not a genuine one. But even to the naked eye the said dubiety would be evident. The sale agreement, as rightly observed by the Court below, is dated 23.05.1987 whereas the stamp paper was purchased on 27.05.1987. The said inconsistency is insuperable.P.W.1 asserts that the stamp paper was purchased on the date of 
agreement itself,which is 23rd, whereas the stamp paper bears a glaring date of 27th.-the evidence of the attestors and any one testifying to have been a witness to such agreement, like P.W.6 also would only be nothing but untrustworthy.-no other understanding except that the sale agreement was brought into existence by all concerned, unmindful of the said possible discrepancy.-From the fact that the plaintiff fabricated the sale agreement with the help of
P.W.2, with whom, allegedly, the defendants had some monetary  transaction, it can be said that the entire record pertaining to the alleged monetary transactions between the plaintiff and the
defendants is fabricated.
the plaintiff came to the court with uncleaned hands not entitled for specific performance- The registered sale deed as per the averments of the plaint has to be
executed on or before 22.01.1988. In order to understand the said date as an error, the agreement also recites the same and strangely, the suit is also filed on the said date. It is very difficult to understand as to how the plaintiff even without waiting for a single
day, chose to file the suit on the date, which is specified to be the date for registration of the sale

Popular posts from this blog

Court fee - Sec.34 of A.P.C.F & S.V.Act - partition of Plaints-A and B-Schedule properties, in the manner pleaded by her, and for grant of future profits. Plaint-A Schedule comprised of, four items of immovable properties, and Plaint-B Schedule comprised of, nine items of jewellery. Pleading that the parties are in joint possession of the said properties, the petitioner paid Court-fee of Rs. 200/- under Sub-section (2) of Section 34 of the A.P. Court Fees and Suits Valuation Act, 1956 (for short 'the Act'). The trial Court returned the plaint, through its order dated 23-6-2006, directing the petitioner herein, to pay Court fee on movable properties, on her shares, as per the Act, within the time stipulated by it.= In the instant case, the petitioner asserted that, herself and the respondents are in joint possession of the Plaints-A and B-Schedule properties. In a way, the trial Court was satisfied, that the immovable properties mentioned in Plaint-A schedule are in joint possession, and in that view of the matter, it did not insist on payment of ad-valorem Court-fee, on such items. It, however, took a different view, as regards the movable properties. Neither from the plaint, nor from the endorsement made by the trial Court, it is found that there is any distinction, as to the nature of rights claimed, in respect of Plaint-A Schedule properties, on the one hand, and Plaint-B schedule properties, on the other hand. In fact, the nature and incidence of possession, of an immovable property, gives rise to, relatively greater consequences of law, than the possession of an item of movable property. The possession of an item of immovable property can be said to be more assertive, firm and lasting, than the one, of movable property. The endorsement made by the trial Court cannot be sustained, either on law, or on facts. 2015 A.P.(2006)MSKLAWREPORTS

Sec.482 Cr.P.C. - Section 8 of the Andhra Pradesh Public Examination (Prevention of Malpractice and Unfair Means) Act, 1997 - Part B question Paper was missed ( said to be distributed to A1 along with other students by A2 an invigilator ) - Charge - she was negligent in performing the invigilation duties. - Their Lordships held that Mere negligence in performing invigilation duties, does not attract the offence set-forth in the Act. Therefore, in absence of any allegation that the petitioner herein has committed the offence set out in Section 5 of the Act, she cannot be subjected to prosecution for which the penalty has been provided under Section 8 of the Act.- Quashed the criminal proceedings - 2015 Telganga & A.P. msklawreports

Order 38 Rule 5, only the properties of the defendant can be attached and not the properties in the hands of garnishee has no statutory support nor the support of any precedent.-2015 A.P.(2004) MSKLAWREPORTS