Agreement to sell -- Specific performance - Readiness and willingness - Issuance of notice calling upon vendor to execute sale deed and appearing before Sub-Registrar on the target date and obtaining an affidavit in this regard - Not proof of readiness and willingness on the part of vendee...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff from the date the balance sale consideration was payable in terms of agreement to sell, till decision of suit, is a condition precedent for grant of relief of specific performance...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Agreement to sell -- Specific performance - Direction to defendant to deposit amount received by him towards part of sale consideration to the credit of suit - Order passed without considering version of defendant - Order passed simply extracting apprehension of plaintiff - Order does not indicate application of mind by Court - Impugned order set aside - Matter remitted..........
Agreement to sell -- Specific performance - A person not party to the suit agreement of sale cannot be compelled by Court to enter into an agreement with the defendant...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff deposited balance sale consideration in Court after seven years after the date by which the sale had to be concluded - No evidence led by plaintiff how he was in a position to pay or make arrangements for payment of balance sale consideration within time - Careful study of balance sheet of..........
Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for cancellation of Will and sale deed - Petitioner is not a party to either of document challenged in suit - He claimed that he purchased a part of property through an agreement from one `A' who in turn is also stated to have entered into an agreement to sell with erstwhile owner of..........
Agreement to sell -- Specific performance - Readiness and willingness - Letters issued by plaintiff to defendant calling upon him to come forward and execute sale deed, receipt of which admitted by defendant, flinchingly proved his readiness and willingness - Neither defendant came forward to execute sale deed nor issued suitable reply explaining his inability to execute..........
