Agreement to sell -- Specific performance - Description of suit property - When suit properties are not described properly plaintiffs cannot claim any relief against defendants...........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Agreement to sell -- Specific performance - Suit filed after a lapse of twenty years - No explanation given by plaintiff in this regard - Even there is no pleadings with regard to willingness of plaintiffs or original vendee for getting sale deed executed in their favour - No evidence adduced by plaintiff to show that right from the date of sale agreement, original vendee..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff is obliged not only to make specific statement and averments in the plaint but is also obliged to adduce necessary oral and documentary evidence to show the availability of funds to make payment in terms of the contract in time...........
Agreement to sell -- Specific performance - Ready and willing - While readiness means the capacity of plaintiff to perform the contract which would include his financial position, willingness relates to the conduct of plaintiff...........
Agreement to sell -- Specific performance - Ready and willing - S.16(c) of Specific Relief Act bars the relief of specific performance of a contract in favour of a person who fails to aver readiness and willingness to perform his part of the contract...........
Agreement to sell -- Specific performance - Ready and willing - Earnest money paid - Additional sum above the earnest money also paid on the same day - It shows the readiness and willingness of plaintiff to perform the contract...........
Agreement to sell -- Specific performance - Ready and willing - It is not essential for plaintiff to tender money to defendant, where contract involves the payment of money, unless directed by Court...........
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 -- Suit for specific performance - Ready and willing - Specific performance cannot be enforced in favour of the person who fails to prove that he is ready and willing to perform the essential terms of the contract which are to be performed by him, other than the terms which are prevented or waived by the defendant...........
