FIRST LAW

Agreement which records delivery of possession, but is not registered is inadmissible in evidence. The argument that the agreement being notarised and having been received in evidence without objection, its admissibility cannot be questioned, is no longer open for discussion in view of the observations by the Supreme Court. It is also settled that receiving a document in evidence and its admissibility under the Indian Stamp Act, 1899 and the Registration Act, 1908 are different matters. A document, which is not required to be stamped or registered stands on a different footing after the same was received in evidence, buta document which requires to be sufficiently stamped and registered before it is made admissible in evidence would not be made admissible in evidence merely because it is exhibited and received in evidence. For such document marking of exhibit is only for convenience and it does not decide the admissibility of the document. Holding it otherwise would make the provi...

Specific Relief Act, 1963 - S.20 - Discretion as to decreeing specific performance - When a Court considers a suit for specific performance of a contract for sale of immovable property, once it is found that the agreement is genuine and the plaintiff had pleaded and proved his readiness and willingness to perform his part of the contract, it is upon the Court to further consider whether the discretion to grant specific performance has to be exercised in terms of S.20 of the Specific Relief Act.

Code of Civil Procedure, 1908  -  Order VI Rule 17 - A mendment of the Plaint -  a plaintiff in a suit for specific performance, cannot by way of amendment, substitute one agreement to sell for another. 

Civil Law - Permanent  Injunction & Specific Performance - Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are independent and one cannot include the other and  vice versa -  a plaintiff cannot claim a relief of specific performance of agreement against the defendant on a cause of action on which he has claimed a relief of permanent injunction.  [Para 31 & 32]