Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not led any evidence that he was ready or willing to perform his obligations under the agreement - However, plaintiff alleged that he did not pay the balance consideration, as defendants failed to remove encumbrance on suit property - It is evident from agreement that liability to..........
Agreement to sell -- Specific performance - Readiness and willingness - Notice was issued by plaintiff before institution of suit to defendant but same was not replied - Both trial Court and Appellate Court concurrently held that plaintiff was always ready and willing to perform her part of contract at all material times - Suit rightly decreed by trial Court in favour of..........
Agreement to sell -- Specific performance - Readiness and willingness - While proving readiness and willingness plaintiff is not required to make any averment that plaintiff required executant of agreement to sell to attend the office of Sub-Registrar to execute sale deed within time agreed...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff paid Rs.25,000 to defendant initially at the time of execution of agreement to sell and further sum of Rs.15,000 in two installments were paid at the time when subsequent two documents were executed for extension of time - Even time was extended at the instance of defendant and balance..........
Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of trial Court and first appellate Court - High Court in second appeal ought not to have interfered with such findings of fact unless such findings are found to be perverse - Since findings recorded cannot be said to be perverse and/or contrary to evidence on record, High Court..........
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 -- Specific performance - Readiness and willingness - Inquisitiveness or curiosity cannot be equated with readiness and willingness to perform contractual obligation, as a person may be curious to do something but does not necessarily mean that he was in fact ready and willing...........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence of power of attorney - PW1, being power of attorney of plaintiff had no personal knowledge either of transaction or his readiness and willingness - Readiness and willingness referred to state of mind and conduct of purchaser, as also his capacity and preparedness on the other - Since, PW1 had..........
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..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Suit for specific performance - Framing of additional issue as to readiness and willingness on the part of plaintiff to perform his part of contract - Such an issue is necessary for effective adjudication of case - Pleadings in this respect denied by defendant - Trial Court directed to frame additional..........
