Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that cheque was given by him to defendant for part payment - However, it was deliberately not stated that on which date it was given to defendant - Even copy of said cheque has not been placed on record - Alleged cheque was tendered by plaintiff which was in possession of defendant..........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - Where subsequent purchaser in paying the money lacked in good faith and purchased the subject property despite knowledge of original contract, there is no need for plaintiff to seek cancellation of sale deed in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not led any evidence that he was ready or willing to perform his obligations under the agreement - However, plaintiff alleged that he did not pay the balance consideration, as defendants failed to remove encumbrance on suit property - It is evident from agreement that liability to..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Agreement to sell -- Specific performance - Defendant admitted execution of agreement for sale and receiving an advance amount - She tried to avoid the contract on the premise that she did not have right or title to suit property - However, defendant cannot deny her title when she had entered into contract - More so, defendant also sold some portion of land out of same..........
Agreement to sell -- Suit for specific performance - Enhancing sale consideration - Court cannot dictate or deviate from any term or condition enumerated in the contract for sale between parties or agreed into by parties and as such, it is not within jurisdiction of Court to re-fix sale consideration as against what is agreed to by parties - However, it is within..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff paid Rs.25,000 to defendant initially at the time of execution of agreement to sell and further sum of Rs.15,000 in two installments were paid at the time when subsequent two documents were executed for extension of time - Even time was extended at the instance of defendant and balance..........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Nominal sale consideration - If elder brother had come to the help of younger brother, discharging his debtors and executing a sale deed mentioning a nominal sale consideration, it cannot to be said to be a sale without consideration...........
