Showing : 51-60 of 227 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Suit for possession - Counter claim of specific Performance - Readiness and willingness - Agreement execute in 1974 - No endeavour on part of defendants to have agreement performed till filing of counter claim regarding specific performance in 1985 - No evidence on record..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Specific Relief Act, 1963, Section 16, 20-- Preliminary issue - Suit for specific performance - Issue as to readiness and willingness - Issue is a question of fact and not a question of law - Issue of readiness and willingness cannot be determined without referring to evidence on record - Order declining to treat issue of readiness and..........
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..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - By insisting on performance of impermissible and impossible term of contract, one cannot be permitted to plead that other party to transaction failed to prove his readiness and willingness...........
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..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Sale to third party - Third party purchased property knowing fully well about existence of sale agreement in favour of plaintiff - Third party is not bonafide purchaser for valuable consideration to have the protection under the provisions of Specific Relief Act - In the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea relating to readiness and willingness - It is a finding of fact and cannot be disturbed in second appeal and was binding on High Court, particularly, when first Appellate Court had recorded its finding by appreciating the entire evidence on..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific Performance - Readiness and willingness - Mere admission on part of defendant to accept the partial amount, cannot be substitute of proof of readiness and willingness - It was mandatory on part of plaintiff to show that he was ready and willing to pay remaining amount. (Specific Relief..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Agreement not executed between parties on stamp paper - A letter signed by defendant in name of plaintiff is supposed to be contract to be performed - Though execution of document is admitted but truthfulness of contents was denied by defendant - Plaintiff failed to..........
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..........

Showing : 51-60 of 227 Results