Housing -- Earnest money - Refund - Interest - After draw of lots earnest money remained with PUDA - Refund not asked by respondents and earnest money allowed to remain with PUDA - Respondents permitted to participate in draw of lots held for second time - After remaining unsuccessful in second draw of lots also respondents moved consumer court contenting that they are..........
Agreement to sell -- Suit for specific performance - Agreement to sell on behalf of self and on behalf of other joint owners - Other co-sharers not consented for the intended sale - Agreement to sell does not bind other co-sharers - Plaintiff can seek specific performance of the agreement in respect of the proportionate share in the property if the agreement is admitted -..........
Housing -- Shop booking - Earnest money - Non refund of - Ground that complainant changed his address - No evidence to the effect filed - Award of interest @ 12% p.a. on amount of Rs.1,000/ - for nearly five years upheld...........
Specific Relief Act, 1963, Section 21, 22 -- Reliefs that can be granted under Ss.21 & 22 of the Act are different in nature - Power to award 'compensation' u/s 21 and the power to grant 'any other relief to which the plaintiff may be entitled' u/s 22 of the Act are independent and they operate in a different sphere - Under S.21 of the Act Court can award compensation in a..........
Agreement to sell -- Specific performance - Defendant not ready to execute sale deed and even not ready to refund the earnest money - Conduct of defendant unfair - Decree of specific performance rightly granted...........
Specific Relief Act, 1963, Section 20 -- Waiver of right to seek relief of specific performance - Agreement to sell - Suit for specific performance decreed - In second appeal observation made in an interim order that vendor can refund earnest money and vendee can withdraw balance sale consideration deposited in the lower Court - Vendee accepted observations and received..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell house - Suit for specific performance - Agreement and payment of earnest money proved - Plea that possession cannot be delivered as defendant and his family residing in the house - Plea of hardship neither raised in written statement nor proved by the vendor - Trial Court ordered refund of earnest money - First..........
Agreement to sell -- Suit for specific performance - Refund of earnest money with interest at the rate of 12% - Interest at this rate is excessive - Slashed to 9% per annum...........
Agreement to sell -- Suit for specific performance - After agreement of sale a notification u/s 4(1) of Land Acquisition Act, 1894 issued - Vendor himself pleading that agreement stood frustrated - Enforcement of agreement for sale inequitable - However, vendor cannot forfeit the earnest money - Vendor liable to refund the advance amount...........
Specific Relief Act, 1963, Section 10, 19, 20 -- Suit for specific performance - Agreement to sell - Consent decree suffered by vendor in favour of her daugher-in-law within 15 days of execution of agreement - Execution of agreement and receipt of earnest amount not denied - Vendee always ready and willing to perform his part of contract - Trial Court directed execution of..........
