Showing : 31-40 of 80 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 16(c)-- Agreement to sell - Readiness and willingness - Requirement of readiness and willingness to perform the part of contract ought to exist on three occasions: (i) At the time of time stipulated in agreement; (ii) During pendency of suit when plaintiff's action is tested about on his pleadings of..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Evidence on record shows that plaintiff had not arranged money to pay balance consideration - Mere oral evidence of plaintiff and witnesses with regard to payment of different sums on different dates towards part consideration is not believable -..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Ready and willing - Neither there was any averment in plaint that plaintiffs were ready or always been ready to perform their part of contract nor they deposited the balance sale consideration in Court to show their bona fide i.e readiness and willingness - Moreover,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Plea of readiness and willingness - A person who denies the execution and registration of sale deed, cannot be permitted to raise the plea of readiness and willingness - Suit rightly decreed...........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Registered agreement between parties proved on record - Moreover, institution of suit for specific performance of contract offering to pay balance consideration to defendants for getting valid deed of sale is itself indicative of the fact that..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Suit property was under litigation at the time of agreement and it was agreed between parties that cost of litigation would be borne by plaintiffs - No lapse on the part of plaintiffs to pay litigation expenses - Bona fide of plaintiffs further..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Limitation - Suit filed after five years of agreement and there being entire payment of consideration amount creates a suspicious circumstance as plaintiff kept mum and made no efforts for getting sale deed executed or showed any element of readiness and willingness - Rather..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action for filing suit for permanent injunction based on threat to dispossess - Cause of action to file suit for specific performance based on non performance of..........
DELHI HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Words "ready and willing" imply that person is prepared to carry out terms of the contract - Distinction between "readiness" and "willingness" is that former refers to financial capacity and latter to conduct of plaintiff wanting performance and that plaintiff must allege..........
KERALA HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Readiness and willingness - Readiness in S.16(c) of Specific Relief Act refers to financial capacity and willingness refers to mental state of plaintiff for seeking specific performance...........

Showing : 31-40 of 80 Results