Transfer of Property Act, 1882, Section 54 -- Sale deed - S.54 of T.P Act, categorically provides that a contract for sale of immovable property does not by itself, create any interest in or charge on such property...........
Agreement to sell -- Specific performance - Clause in agreement that in case vendor fails to execute sale deed, vendee would be entitled to recover double the earnest money - Merely because of existence of this default clause, plaintiff cannot be denied relief of specific performance when execution of agreement and plaintiff's readiness and willingness to perform his part..........
Agreement to sell -- Specific performance - Ready and willing - Execution of agreement has been proved - Total sale consideration agreed between parties was Rs.75,000 out of which defendant had already received Rs.50,000 as earnest money - Plaintiff was always ready and willing and continues to be ready and willing to perform her part of contract - Plea of hardship taken..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness are not one but two separate elements - Readiness means capacity of buyer to perform contract, which would include financial position to pay sale consideration - Willingness refers to intention of buyer as a purchaser to perform his part of contract, which is inferred by scrutinising..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that he was present before office of sub-Registrar on the date of execution of sale deed but on the verbal assurance of defendant 15 days time was extended for execution of sale deed - Defendant did not execute sale deed even after said 15 days - However, plaintiff did not get his..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - Non-payment of balance sale consideration within time fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract - There must be an element of wilful..........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - In a contract of sale of immovable property, if time is specified for payment of sale price but not regard to execution of sale deed, time will become essence of contract only with reference to payment of sale price but not with regard to execution of sale deed...........
Agreement to sell -- Specific performance - Time essence of contract - Time limit of four months fixed to perform the part of contract by both parties - Material on record clearly goes to show that within four months of stipulated time, plaintiff got issued legal notices to defendants 1 and 2 and said notices were returned with postal endorsements - However, defendants 1..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff though pleaded that he appeared in office of Sub-Registrar on target date fixed in agreement and then served a legal notice - However, except for oral statement of plaintiff in this regard, there was no other evidence to prove this assertion - More so, no evidence was produced by plaintiff to show..........
