Agreement to sell -- Specific performance - Non framing of issue as to whether plaintiff is entitled for specific performance - Court in appeal cannot reverse the findings merely because a specific issue was not framed by trial Court - Appellate Court is empowered to frame an additional issue and if need be, seek a report from the trial Court on the said issue and then..........
Agreement to sell -- Specific performance - Non framing of issue as to whether plaintiff is entitled for specific performance - However, trial Court framed the issue as to entitlement of plaintiff for relief of possession - Parties adduced evidence knowing fully well their contesting claims - It cannot be held that either trial Court did not frame any issue in regard to..........
Agreement to sell -- Specific performance - Time essence of contract - In contract for sale of immovable property, ordinarily time is not essence of the contract unless so intended by the parties either expressly or by way of necessary implication...........
Agreement to sell -- Specific performance - Time essence of contract - Where vendor herself is guilty of not executing the sale deed on stipulated date, she cannot be allowed to take advantage of her own wrong to deny the relief of specific performance by raising plea that time was essence of contract. (Contract Act, 1872, S.55)..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff proved on record his readiness and willingness to perform his part of agreement, as he was present in Tehsil complex on the date fixed for execution and registration of sale deed - Even plaintiff served a legal notice upon defendant calling upon her to execute the sale deed - However,..........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of plaintiff in Tehsil office on the stipulated date - Proof - Presence of plaintiff stands admitted in view of suggestions put to him by defendant, which reads : "It is wrong to suggest that I got attested affidavit and challan form from Tehsil office on 10.3.2005 after 4.00 p.m. It is wrong..........
Agreement to sell -- Specific performance - Readiness and willingness - Plea of both the parties of presence in Tehsil office on the stipulated date - Presence of plaintiff stands admitted in view of suggestions put to him by opposite counsel - Defendant proved his affidavit of presence in Tehsil office - As per affidavit deponent was identified by Mehma Ram, Numberdar -..........
Agreement to sell -- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court allowing alternative relief of recovery of advance amount,..........
Agreement to sell -- Specific performance - Plea of hardship - No such plea with regard to hardship and inconvenience raised by defendant in his written statement originally filed nor an application was filed to seek amendment of pleadings - In the absence of any such facts on record with an opportunity to plaintiff to controvert the same, it is difficult to accept the..........
Agreement to sell -- Specific performance - No contract between parties which can be enforced at law as an agreement to sell - Court not to go into other aspects of readiness and willingness, alleged dishonest conduct of the defendants or who is guilty of breach of contract...........
