Agreement to sell -- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date fixed in the contract on the ground that certain..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence maintained by plaintiffs for about 12..........
Agreement to sell -- Specific performance - Readiness and willingness - Failure on the part of plaintiffs in not paying monthly instalments, not collecting rent from tenant living in suit property, not paying house tax etc., not taking action for eviction of tenant, shows that they were not ready and willing to perform their part of agreement - Relief of specific..........
Agreement to sell -- Suit for specific performance - Bonafide purchaser - Seller entered into agreement to sell with plaintiff and subsequently sold the suit land to defendants - However, plaintiff fail to show that he was in possession of suit land at the time of execution of sale deeds in favour of defendants by seller - Moreover, in absence of his examination as..........
Transfer of Property Act, 1882, Section 52 -- Agreement to sell - Executed during pendency of suit - Agreement is hit by doctrine of lis pendens...........
Specific Relief Act, 1963, Section 34, 38, Suits Valuation Act, 1887 - - Plaintiffs entered into written agreement with regard to exchange of suit land with land of defendants - However, defendants pleaded that suit land was mutated in their name on the basis of oral agreement - Mutation entered on the basis of oral exchange is wrong as DW1 admitted that there was no oral..........
Specific Relief Act, 1963, Section 22(2) - - J.D. raised objection to issuance of warrant of possession on the plea that possession is already with the D.H. - Executing Court issued warrant of possession on the basis that it is mentioned in agreement to sell that possession will be delivered on execution of sale deed - Order upheld...........
Indian Penal Code, 1860, Section 420, 468, 471, 34, Criminal Procedure Code, 1973, Section 482 -- Preparation of forged agreement for sale - If civil remedy is available to an aggrieved person, it does not oust jurisdiction of a criminal Court to proceed with complaint if it prima facie discloses commission of criminal offence by accused - Since prima facie case is made..........
Agreement to sell -- Specific performance of contract - Readiness and willingness - Plea of LRs. of defendants that plaintiffs repaid the loan amount - However, evidence shows that amount was paid by plaintiffs to defendants towards consideration for sale and not for loan amount - Moreover, paying of entire amount of consideration for sale shows willingness of plaintiffs..........
Agreement to sell -- Specific performance - Readiness and willingness - Pleading and proof - Requirement of necessary averment in plaint - Mere want of objection by defendant in written statement is hardly of any effect or consequence...........
