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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Agreement to sell -- Specific performance - Time was not essence of contract - Agreement was executed on 6 March 2012 - Condition of execution of sale deed within three months from the date of execution was incorporated in the agreement - However in bracket it specified the date 6 July 2012 - There is some inconsistency, as period of three months would come to an end on 6..........
Agreement to sell -- Specific performance - Time was not essence of contract - Suit filed after a long gap of 33 years from date of execution of agreement to sell - No effort was ever made by plaintiff to get sale deed executed in her favour - When plaintiff failed to file suit for specific performance within reasonable time from the date of execution of agreement and..........
Agreement to sell -- Specific performance - Readiness and willingness - Time limit of six months is stipulated for demarcation of suit property before execution of sale deed by defendants - Burden was on defendants to perform the same - Plaintiff got issued a notice acknowledging the fact that time was essence of contract - There was no reply from defendants - Plaintiff..........
Agreement to sell -- Specific performance - Time essence of contract - Sale agreement indicate the intention of parties to treat time bound performance as an essential condition and it was stipulated that in case sale was not executed on date of execution, sale agreements were liable to be treated as cancelled and earnest money was to be forfeited - Even in the legal..........
Agreement to sell -- Specific performance - Time essence of contract - Clauses in agreement in the nature of reciprocal promises - Promise made by seller in clause 5 has to be performed first that title documents have to be obtained from mortgagee after mortgage is cleared - It is only then balance consideration for sale has to be paid - Time thus, was not essence of..........
Agreement to sell -- Specific performance - Time essence of contract - Agreement to sell - Last date for execution of registration of sale deed agreed between parties - Once last date has been mentioned, Court was not correct in returning finding that time was not essence of contract. (Contract Act, 1872, S.54)..........
Agreement to reconveyance -- Suit for specific performance - Time essence of contract - Legal position as to time essence of contract as regards agreement of sale and agreement of reconveyance is totally different - In case of agreement of sale it may or it may not be an essence of contract but in case of agreement of reconveyance, time is essence of contract. (Contract..........
Agreement to sell -- Specific performance - Time essence of contract - In cases of sale of immovable property, time is not essence of contract unless so intended by parties which can be gathered from terms and conditions settled between them as well as attending/surrounding circumstances...........
