Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
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 - Readiness and willingness of plaintiffs is not a matter of assumptions, rather same has to be proved by evidence to be led before Court...........
Agreement to sell -- Specific performance - Readiness and willingness - Except solitary and self serving statement of plaintiff, there is no material on record to show either the factum of availability of money with the plaintiffs on the said date when they have claimed to have appeared before Sub Registrar or show that they even visited office of Sub Registrar for the..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants contended that plaintiff was not having sufficient funds to pay balance sale consideration - Contention has no substance as plaintiff successfully established her readiness and willingness to perform her part of contract by paying balance sale consideration...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants failed to perform their obligation with regard to demarcation of property - Unless vendor got subject land measured and demarcated within three months it is impossible for purchaser to get sale deed executed - Question of paying balance sale consideration as such, does not arise - However,..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to prove the same and mere denial of agreement by defendant would not relieve him of his such statutory obligation...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant was well within his right to raise plea of readiness and willingness against plaintiff despite having denied execution of the agreement...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - Lease - Expired due to efflux of time - Wife of tenant staying in suit property as a licensee of her husband by virtue of mutual agreement entered between husband and wife - Such agreement has to be subject to the willingness of landlord to continue with the tenancy -..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was present before Sub-Registrar office with remaining amount but defendant did not come to office of Sub Registrar for registration of sale deed - There is no contrary evidence to this effect - Plaintiff was ready and willing to perform her part of contract as per agreement to sell - Suit..........
