Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
Agreement to sell -- Specific performance - Refund of earnest money - Can be granted only where a valid and enforceable agreement of sale is established and plaintiff proves readiness, willingness and entitlement to relief...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking specific performance must establish continuous readiness and willingness not merely at the time of institution of suit but throughout the relevant period...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff was negligent, inactive and lacked continuous readiness and willingness to perform contract within the agreed period - Unexplained delay between agreement and notice, coupled with absence of any contemporaneous act evidencing readiness and willingness, supports refusal of relief - Relief of specific..........
Agreement to sell -- Specific performance - Ready and willing - To prove readiness and willingness, there has to be continuous readiness and willingness of a party during all stages including at all times during pendency of suit...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking decree of specific performance is required to plead and prove his continuous readiness and willingness dehors objection raised by defendant...........
Agreement to sell -- Specific performance - Ready and willing - Mere presence of plaintiff before Sub Registrar may lead Court to infer willingness of plaintiff but it does not prove his readiness - In order to prove his readiness, plaintiff was required to prove that he possessed financial competency on appointed date i.e., to perform his part - Ingredients of S.16(c) of..........
Agreement to sell -- Specific performance - Ready and willing - Deposit of money in Court - Direction to deposit money is an exception and general rule is that there is no necessity to deposit money to prove readiness and willingness to perform his part of contract - It is sufficient that plaintiff makes an averment that he is ready and willing to perform his part of..........
Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
