Agreement to sell -- Suit for specific performance - Limitation - Though suit is technically within limitation but fact that suit has been filed after such a long delay i.e. just a few days prior to date of expiry of limitation period in itself is sufficient to show conduct of plaintiff to indicate that he was not ready and willing to perform his part of contract - Suit..........
Stamp Act, 1899, Section 33 -- Impounding of document - Recovery suit - Plaintiff had not filed suit for specific performance of contract rather he had filed suit for recovery of money that was given by him in part consideration of agreement to sell - Trial Court had committed an error in impounding the agreement to sell and sending it to Collector (Stamps) for..........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
Agreement to sell -- Specific performance - Suit for specific performance does not come to an end on passing of a decree and Court which has passed decree for specific performance retains the control over decree even after decree has been passed...........
Agreement to sell -- Specific performance - Ready and willing - In order to succeed for relief of specific performance, plaintiff has to plead and prove his readiness and willingness throughout...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff pleaded that after defendant no.1 failed to come present before Sub-Registrar, he served legal notice upon defendant - However, no evidence on record to show that plaintiff remained ready and willing to get sale deed executed on said date - Mere fact that defendants No.2 and 3 cannot be held to be..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff sought right over property on the basis of agreement of sale - Execution of sale agreement does not convey any right in respect of suit property unless execution of registered sale deed to be made in favour of plaintiff, where suit property is immovable property worth..........
Agreement to sell -- Ready and willing - Readiness and willingness are two different expressions - Even though S.16(c) of Specific Relief Act has used the same conjointly, yet each of them needs to be pleaded and proved independently...........
Agreement to sell -- Suit for specific performance - Ready and willing - Mandate of statue is not dependent upon defence raised by defendant...........
