Showing : 1-10 of 96 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Certificate issued from office of Sub-Registrar confirming presence of plaintiffs before Sub-Registrar for execution of sale deed on the particular date cannot be construed as conclusive evidence to no, suit defendants, particularly when no..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Pendency of an appeal by defendant did not preclude plaintiff from depositing amount in proof of his readiness and willingness, particularly when there is no stay by appellate Court of decree under appeal to justify no, deposit during pendency of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Failure of plaintiff to offer any explanation why balance consideration was not deposited within time granted, filing application for extension of time after expiry of prescribed period coupled with frivolousness of grounds taken in application..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Capacity to pay - Plaintiff has to demonstrate readiness and willingness u/s 16(c) of Specific Relief Act throughout to perform his obligations under the contract - Plea that amount would lies in bank without interest is unfounded and contrary to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - It was for plaintiff to establish his readiness and willingness for execution of agreement by entering witness box and proving his capacity to pay balance consideration amount - Power of attorney appointed later on was naturally unaware of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Suit property was mortgaged to education department and was redeemed by defendant later on and intimation for the same was given to plaintiff - Merely because plaintiff may not have been satisfied by intimation given by defendant regarding release..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Self serving statement of income - Cannot be relied upon in absence of proof of financial resources to return a finding that plaintiff was ready and willing to perform her part of the contract...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Mere fact that bank has assessed financial capacity of plaintiff while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in facts of the case to hold that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Plea of plaintiffs as regards their readiness to perform contract as per its conditions did not meet with categorical denial from defendants - Recitals in supplementary agreement even suggest about vendors having delivered possession of property,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Admission of plaintiff no.2 that she was not possessed of sufficient funds cannot be read in isolation and it cannot be concluded that she was not possessed of sufficient means to pay balance sale consideration, as her husband had expired and she..........

Showing : 1-10 of 96 Results