Showing : 21-30 of 96 Results

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)...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - No averment of readiness and willingness has been set out by plaintiff nor it stated that defendant had notice of readiness and willingness of plaintiff to perform his part of agreement to sell - Plaintiff even did not enter witness box to prove..........
PATNA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiffs specifically stated that they gave amount to defendant for taking distributorship - Defendant having failed to return said amount executed one written agreement admitting amount given by plaintiffs and also agreed to sell suit land to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Defendant contended that he had not received any earnest money from plaintiff - However, plaintiff examined attesting witnesses of agreement to sell who deposed not only execution of agreement but that defendant received earnest money of Rs.1 lakh - Acknowledgment receipt of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - No failure on part of plaintiff to perform his part of contract - Defendants on the other hand, without following conditions mentioned in agreement to sell, has chosen to issue a feigned legal notice, which itself is frivolous - There is no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 16(c)-- Agreement to sell - Readiness and willingness - "No Objection Certificate" - In cross-examination of plaintiff states that he had prepared an affidavit for "No Objection Certificate" but did not submit to vendors - It would not be a ground to deny relief of specific performance...........

Showing : 21-30 of 96 Results