Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff proved on record his readiness and willingness to perform his part of agreement, as he was present in Tehsil complex on the date fixed for execution and registration of sale deed - Even plaintiff served a legal notice upon defendant calling upon her to execute the sale deed - However,..........
Agreement to sell -- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court allowing alternative relief of recovery of advance amount,..........
Agreement to sell -- Essential ingredients are : (a) Parties to the agreement should be clear; (b) Subject matter of the agreement has to be clear; (iii) total price payable has to be clear; (iv) price whether payable in lump sum in advance or partly in advance and partly at the time of execution and registration of sale deed...........
Agreement to sell -- Specific performance - Ready and willing - Conduct of plaintiff subsequent to execution of agreement and prior to filing of suit along with attending circumstances and also financial capacity of payment for the purpose of his part of agreement must be considered by Court for determining his readiness and willingness. (Specific Relief Act, 1963,..........
Civil Procedure Code, 1908, Section 37 -- Execution - Court which passed the decree has the jurisdiction to execute it...........
Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 37 -- Jurisdiction of Family Court - Execution proceedings - Family Court has no jurisdiction to execute decree as expression `suit' or `proceeding' used in S.7 of Family Courts Act does not include execution proceeding - Bar contained in S.8 of Family Court Act therefore, not applicable - Execution..........
Family Courts Act, 1984, Section 8, Civil Procedure Code, 1908, Section 2(2), 38 -- Decree - Jurisdiction - Decree may be executed either by the court which passed it or by the court to which it is sent for execution - Decree passed by Civil Court cannot be sent for execution to Family Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question - No prima facie case is..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment - Land appurtenant to residential building - Trial Court declined relief sought for without considering the aspect as to whether petitioner is entitled to get protection of the properties proclaimed for sale in accordance with S.60(1)(c) by taking into account the evidence available..........
Will -- Due execution - In order to prove due execution of Will, attesting witnesses of Will has to spell out that executant had either signed or put the thumb impression in their presence and they in turn have attested in the presence of executant...........
