Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer whether for valuable consideration and without notice of the original contract - Even before institution of suit for specific performance a public notice was published in a newspaper informing the public about the agreement with the plaintiffs - After..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Converting suit for mandatory injunction to suit for specific performance - Suit for mandatory injunction with a direction to execute an agreement to sell in pursuance of payment of advance sale consideration - Denied in written statement - Cause of action to file suit for specific performance arose only..........
Agreement to sell -- Suit for specific performance - In a suit for specific performance, there should not be any amount of falsity on the part of plaintiff. (Specific Relief Act, 1963, S.20)...........
Agreement to sell -- Suit for specific performance - Plea of making the payment of remaining sale consideration and that a receipt was issued - Receipt not produced - That itself disentitles plaintiff from claiming any relief of specific performance. (Evidence Act, 1872, S.114)...........
Agreement to sell -- Suit for specific performance - Ready and willing - Entire consideration paid - Still the plaintiff being the proposed purchaser is bound to purchase stamp papers and prepare necessary preliminaries for the purpose of getting the sale deed executed and registered - To that effect there should be averments in the plaint - No semblance of averments to..........
Agreement to sell -- Specific performance - Ready and willing - Sworn affidavit of both parties of presence in the office of Sub Registrar - However, defendant has not come out with a consistent version with that of his affidavit - Suit filed within 19 days from the last date fixed for execution of sale deed - Decree of specific performance, upheld...........
Agreement to sell -- Specific performance - Possession not delivered though mentioned in the agreement - Not a ground to deny relief of specific performance...........
Agreement to sell -- Specific performance - Once plaintiff seeking enforcement of contract is able to show his readiness and willingness, mere delay or laches would not justify refusal of specific performance of contract...........
Agreement to sell -- Specific performance - S.53-A Transfer of Property Act, 1882, has no relationship for the purpose of specific performance of contract...........
Agreement to sell -- Specific performance - Discretion - It is discretion of Court to grant or not to grant relief of specific performance but this discretion does not mean whimsical and arbitrary discretion...........