Showing : 1-10 of 80 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff repeatedly asked defendant to come forward to perform his part of agreement - He paid entire sale consideration in terms of agreement - Factum of purchasing stamp papers by plaintiff also stands proved on record - Plaintiff thus,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff failed to prove his presence before office of Sub-Registrar on stipulated date - Readiness and willingness on the part of plaintiff not proved - Dismissal of suit despite admission of vendors with regard to execution of agreement to..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity of buyer must exist to pay balance sale consideration right from time of entering into agreement to sell till disposal of suit...........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity - Not a single document whatsoever was filed by plaintiff to prove his financial capacity - By self serving averments, financial capacity cannot be held to be proved - Existence of immovable property in itself is not enough to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Execution of agreement to sell dated 1992 was proved on record - Said agreement was admitted document between parties - Factum of Rs.20 lakhs received by defendant in furtherance of agreement to sell was also admitted fact - Receipts of earnest money and second installment..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - To prove readiness and willingness plaintiff must show his financial capacity to pay the balance sale consideration right from the time of entering into agreement to sell, till the decree of suit. (Specific Relief Act, 1963, S.16(c)...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity of buyer - Mere oral assertion in evidence cannot be solely relied upon by Court to record finding that plaintiff was having sufficient funds available with him on the date of agreement to sell, particularly, when only defence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Merely because defendants denied execution of agreement to sell does not absolve plaintiff to assert and prove that he was always ready and willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - No stipulation either in agreement to sell or in extension agreement that NOC needs to be obtained by defendant - It cannot be said that lack of NOC was a valid reason for plaintiff not to make payment of balance sale consideration - Plaintiff not..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Evidence of power of attorney holder in respect of matter of plaintiff's state of mind i.e of his readiness and willingness to perform agreement to sell at all times is not admissible. (Specific Relief Act, 1963, S.16(c)...........

Showing : 1-10 of 80 Results