Showing : 51-60 of 232 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff having means but not actually willing to perform his part of contract - Plaintiff not paid the balance sale consideration within stipulated time of 15 days for execution of sale deed - Plaintiff held, not entitled to decree of specific..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Refund of earnest money - Non deposit of balance of sale consideration in Court by plaintiff - It is not essential for plaintiff to tender money or deposit the same into Court but it is for plaintiff to show that he is having financial capacity at..........
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..........
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..........

Showing : 51-60 of 232 Results