Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........
Agreement to sell -- Specific performance - Plaintiff already paid 75% of the sale consideration - If the plaintiff was unwilling to perform the contract, he would not have paid such an amount - Plaintiff with the payment of additional sum above the earnest money, has proved his readiness and willingness to perform the contract - Relief of specific performance rightly..........
Agreement to sell -- Specific performance - Transfer pendente lite - Once sale agreement in favour of plaintiff is proved, subsequent sale during pendency of suit is hit by doctrine of lis pendens - Suit for specific performance rightly decreed by High Court...........
Agreement to sell -- Specific performance - Agreement in question recites that defendant had received earnest money to the tune of Rs.16,00,000 out of total sale consideration of Rs.18,87,000 - Therefore, it does not stand to reason that plaintiff being a Police Constable would part with a huge sum of Rs.16,00,000 towards a transaction to purchase land and thereafter,..........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
Agreement to sell -- Specific performance - Plaintiff being a Police Constable was mandatorily required to seek permission from his department before entering into an agreement to purchase property of a high value - However, admittedly, he did not seek any such permission from the department - It is not the case of plaintiff that he and defendant were on such close terms..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Agreement in question did not mention GPA or indicate that defendant No.1 was acting on behalf of his sisters/co-owners - Defendant No.1 signed the agreement solely in his capacity and there was no representation made to plaintiffs that he had the authority to bind..........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Agreement to sell -- Specific performance - Co-owners - Plaintiffs failed to demonstrate readiness and willingness to perform their obligations and did not take necessary steps to secure the consent of all co-owners - Granting specific performance would unfairly prejudice the defendants, especially defendant Nos. 6 to 8/co-owners, who never consented to the sale to..........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
