Agreement to sell -- Suit for specific performance - Execution of sale agreement and payment of advance amount itself is doubtful - Relief of specific performance not granted - Plaintiff would not be entitled to any relief, unless and until such relief was asked for by plaintiff - A decree directing return of advance amount without any alternative prayer for the return of..........
Agreement to sell -- Termination - Suit for specific performance - Where agreement was terminated by seller, there should be a prayer for declaration that termination of agreement for sale is bad in law, or that it does not bind plaintiff and in absence of such a prayer, suit filed for specific performance will not be maintainable...........
Agreement to sell -- Specific performance - Seller issued a letter cancelling agreement to sell prior to institution of suit - Suit for specific performance is not maintainable in absence of a prayer for declaratory relief that termination/cancellation of agreement is bad in law...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Refund of Court fee - Petitioner filed the suit for specific performance and permanent injunction - However, suit was compromised but plaintiff failed to establish the facts mentioned in compromise - Compromise could not be accepted - But prayer of withdrawal of suit deserve acceptance was..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money - Such relief can only be granted if there is prayer for such relief either at the time of filing of suit or by way of amendment - Prayer clause is a sine qua non for grant of decree of refund of earnest money. (Specific Relief Act, 1963, S.22)...........
Agreement to sell -- Specific performance - Plaintiff failed to establish that he is possessing sufficient money to settle amounts in favour of defendant and bank statement of plaintiff shows that he was possessing only Rs.800 in his account - Relief of specific performance not granted to plaintiff - However, there is no prayer for alternate relief in suit, but Court..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Entire suit based on an agreement to sell - No prayer for grant of specific performance - In the absence of main relief, i.e. specific performance of contract, no ancillary relief in the form of an injunction can be granted...........
Agreement to sell -- Suit for specific performance - Grant of alternative relief of recovery of amount - Loan transaction - Agreement to sell shows that intention of defendant was to pay outstanding amount of loan taken from plaintiff and not to sell property - When defendant failed to perform as per agreement, then another agreement was executed - Trial Court rightly..........
Agreement to sell -- Suit for specific performance - Refund of advance amount - Where money paid is part of sale price, forfeiture clause will be treated as having effect of penalty - Even in absence of a prayer for refund of advance sale amount by plaintiff, with a view to render complete justice, Court is empowered to mould relief and to issue appropriate direction to..........
