Agreement to sell -- Suit for specific performance - Readiness and willingness - Plaintiff found to be ready but found not willing to perform his part of the contract - Plaintiff has to prove both readiness and willingness - Once it is found that there was no willingness on the part of plaintiff he is not entitled to the decree for specific performance...........
Agreement to sell -- Suit for specific performance - Absence of pleading in the plaint that plaintiff is ready and willing to perform his part of the contract - High Court on the basis of affidavit filed in first appeal, that plaintiff is ready and willing to perform his part of the contract, decreed the suit - Held, procedure adopted by High Court to straightaway rely..........
Agreement to sell -- Registration - Part performance - If a party comes to Court to seek protection of his possession which was delivered in part performance of agreement to sell then such agreement to sell shall not be admitted in evidence unless it is registered...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Failure of transferee to send a notice calling upon transferor to execute sale deed demonstrates that he was not ready and willing to perform his part of contract - Transferee not entitled to get possession over suit property u/s 53-A of the Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Suit for permanent injunction and restoration of possession - Defendant/transferee has taken possession of suit property in part performance of contract - However, defendant not pleaded that he is ready and willing to perform his part of contract - Defendant ought to have sent a written..........
Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance cannot be dismissed on sole ground of delay or laches - However, exception to this rule is that where an immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could not take place..........
Agreement to sell -- Specific performance - Readiness and willingness - Payment of balance consideration has to be done only at the time of registration of sale deed - Admittedly, no steps were taken for registration of sale deeds - Finding of High Court that plaintiffs were not ready and willing to perform their part of contract by not paying balance consideration..........
Agreement to sell -- Specific performance - Plaintiffs were in possession of part of property - Details about manner in which possession was given to plaintiffs not being pleaded cannot be a ground to deny relief - Relief of specific performance granted...........
Agreement to sell -- Specific performance - Plaintiffs were in possession of part of property - They pleaded that defendants should demolish the super structure and hand over vacant possession of land as agreed between parties - However, no steps were taken to demolish structure to highlight inaction on part of defendants - Relief of specific performance cannot be denied..........
