Agreement to sell -- Agreement does not reveal any obligation cast upon purchaser under it - No right has been conferred upon vendor to get it enforced against vendee - It does not reflect intention of respondent No.2 to enter into a legally binding contract and parties are not at consensus ad idem - Sale agreement cannot be held to be legally enforceable contract - At..........
Agreement to sell -- Specific performance - Benami property - If an agreement to sale suffers from vice of benami transaction within meaning of S.2(a) of Benami Transactions Act, same falls in category of contracts forbidden by law as contemplated u/s 23 of Contract Act, object whereof is unlawful - Hence, inexecutable in an action for specific performance...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Receipt for transaction towards sale of immovable property - There is not a single word that any property is being transferred and receipt is towards consideration received for transfer of certain property - Neither the term sale nor any term indicating handing over of possession have been mentioned in..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere issuance of demand notice calling upon defendant to execute sale deed does not constitute compliance of requirement of readiness and willingness as envisaged u/s 16(c) of Specific Relief Act - S.16(c) of Specific Relief Act stipulates that plaintiff should establish that he or she was ready and..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and establish that he had resources to pay the balance sale consideration or possessed the necessary wherewithal to raise the balance sale consideration to conclude the sale transaction - It amounts to failure to prove readiness and willingness when there is no evidence of any..........
Specific Relief Act, 1963, Section 20, 22 -- Suit for specific performance of contract for sale - Challenge - Property subsequently sold to defendant no. 2 - As per sale agreement between plaintiff/appellant and defendant no alienation could be made till 3 years - Plaintiff filed suit without seeking possession from 2nd defendant on ground that since property was sold..........
Agreement to sell -- Specific performance - Courts cannot direct a party to execute sale deed, if sale consideration is inequitable or nature of contract or circumstances are over mitigating factors - These are the factors to be considered for the grant of relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has taken different stands as to payment of balance amount as he states that he had withdrawn the amount from bank but no evidence is produced and also states that he had taken loan from a commission agent but not examined as a witness - Plaintiff in his suit claims that defendant did not..........
Sale deed -- Mistake in description of properties or boundaries - It is duty of both parties to the contract for sale of land, to take care while mentioning description of properties in the sale-deed - If there is any mistake in description of properties or boundaries in sale deed the same cannot be said to be a mistake of one party and not of both the parties to such..........
Specific Relief Act, 1963, Section 22 -- Compensation - Breach of contract by plaintiff - Plaintiff having been found to be himself not ready and willing to perform his part of contract of sale, is found to be in breach thereof and not entitled to any compensation...........
