Agreement to sell -- Specific performance - Cancellation of subsequent sale deed - Once plaintiff is not entitled to relief of specific performance of agreement to sell, he has no locus standi to challenge sale deed in favour of subsequent purchasers - Order of setting aside sale deed set aside...........
Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........
Agreement to sell -- Specific performance - Bonafide purchaser - Merely because sister of subsequent purchaser married in same village where suit property is situated, it cannot be said that she knew about agreement to sell in favour of plaintiff, as it is not necessary that every inhabitant of every village knows about every agreement to sell executed by every other..........
Agreement to sell -- Suit for specific performance - Relief of specific performance declined - Refund of earnest money - Cannot be granted unless specifically claimed. (Specific Relief Act, 1963, S.22)..........
Agreement to sell -- Specific performance - Limitation - Suit to be filed within three years from date fixed for performance and if no such date is fixed, when plaintiff noticed that performance is refused. (Limitation Act, 1963, Art.54)...........
Agreement to sell -- Specific performance - Readiness and willingness - Must be averred and proved - Entire plaint silent about readiness and willingness - In absence of such pleading, suit is liable to be dismissed on this sole ground...........
Agreement to sell -- Specific performance - - Readiness and willingness - Appellant is tenant of suit property and agreed to purchase it as per agreement - However, respondent landlord denied the same - No evidence was produced by tenant to show his readiness and willingness to perform the contract - On the contrary, when owner denied appellant's claim of tenancy, he just..........
Transfer of Property Act, 1882, Section 60 -- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants were absolute owners of..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of buyer - Proof of cheque is not proof of availability of amounts in bank account in absence of copy of bank account, which would have shown necessary funds for encashment of cheque - Self serving statement that plaintiff had necessary funds in her bank amount cannot be taken as..........
