Showing : 41-50 of 96 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Ready and willing - Prompt filing of suit - Clearly indicates readiness and willingness - On the other hand defendant has not produced anything to the contrary either by producing any evidence or any witness in support of his contention with regard to readiness and..........
DELHI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Balance sale consideration - Financial capacity - Purchasing of stamp papers by proposed buyers for completing sale transaction is one of the important aspect to hold that proposed buyers had financial capacity to make the payment of balance sale..........
DELHI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Payment of balance sale consideration - Capability - Since 70% of total sale consideration already stood paid and reasonable evidence has been led to show payment of balance sale consideration, therefore proposed buyers/plaintiffs have established..........
DELHI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness no doubt is not to be proved by showing actual liquid moneys, however, plaintiff/proposed buyer must show that he has the capacity to pay the balance consideration - Capacity to pay is shown by the plaintiff either by having..........
DELHI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Ready and willing - Mere self serving ipse dixit cannot be held to be discharge of onus of proof with respect to a very important issue of readiness and willingness which is required to be proved by a proposed buyer...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Suit barred by limitation - Long delay of 15 years in presenting the suit - In such circumstances, it matters little that execution of agreement and readiness and willingness on the part of plaintiff to perform his part of contract is proved...........
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...........

Showing : 41-50 of 96 Results