Agreement to sell -- Specific performance - Limitation - Time was not essence of contract - Plaintiff filed a suit for permanent injunction against defendant on 15-7-1991 restraining defendant from dealing with suit property - Three years limitation period to file a suit for specific performance commenced when plaintiff filed a suit for permanent injunction i.e on..........
Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........
Agreement to sell -- Specific performance - As long as version put forth by plaintiff, even if it is false, if does not lead to any injustice, plaintiff is entitled to the relief prayed for - If falsity impinges on the essential ingredients, then only it affects the plaintiff's case...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs were ready and willing to perform their part of the contract and they have proved the same satisfactorily - Held, plaintiff are entitled to the relief of specific performance...........
Agreement to sell -- Specific performance - An equitable relief - Depends on conduct of parties...........
Agreement to sell -- Specific performance - Conduct of parties - Plaintiff chasing the defendant to execute sale deed - It is a relevant fact to grant relief of specific performance...........
Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........
Agreement to sell -- Specific performance - Agreement in question was contingent upon the fact that once defendants were conferred with Bhumidari rights they would execute sale deed in favour of plaintiff - Plaintiff issued two notices after bhumidari rights were conferred upon defendants, which was not responded - Entire sale consideration was already paid - Now there is..........
Agreement to sell -- Specific performance - Even if all ingredients required for grant of specific performance is made out, even then, it is not necessary for Court to grant a decree of specific performance as it is purely equitable and discretionary in nature...........
