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..........
Agreement to sell -- Specific performance - Agreement in favour of one person for a consideration paid or provided by another person - Suit for specific performance is hit by Benami Transaction (Prohibition) Act - Order of trial Court directing refund of earnest money, upheld. (Specific Relief Act, 1963, S.22, Benami Transactions (Prohibition) Act, 1988, Ss.2(A), 3(2) and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Specific performance - As per the report of Forensic Science Laboratory the stand taken by defendant-appellant with regard to not making of thumb impression on the agreement to sell found totally false - There is sufficient evidence to sustain the concurrent findings of fact with regard to..........
Specific Relief Act, 1963, Section 22(1)(b) -- Refund of earnest money - Suit for specific performance - In absence of a specific alternative plea for refund of earnest money, a decree for refund of earnest money cannot be granted...........
Agreement to sell -- Suit for specific performance - Plain reading of agreement does not spell out as to how much area is saleable and how much consideration would be payable accordingly - Rate per acre defined in the agreement but applicable to which area not reflected - Held, agreement is vague - Agreement not capable of being specifically enforced - Alternative relief..........
Agreement to sell -- Specific performance - Relief of - Suit for specific performance filed after 1-1/4 years of death of the person who entered into agreement to sell with the allegation that deceased avoided to execute sale deed - Plaintiff did not bother to issue notice immediately when executant avoided to execute the sale deed - No documentary proof that plaintiff is..........
Transfer of Property Act, 1882, Section 55 -- Rights and liabilities of buyer and seller - Appellants-plaintiffs, builders and developers entered into an agreement with defendants to sell landed property owned by respondents - On execution of agreement appellants paid a sum of Rs.38 lakhs as deposit or earnest money - Respondents did not perform their part of contract for..........
