Agreement to sell -- Specific performance - Ready and willing - None of plaintiffs who were parties to agreements entered the witness box to prove their willingness to purchase property - Agreement upon which plaintiffs seek relief of specific performance had been expressly repudiated by vendors through notice - Plaintiffs, however relying on alleged part payments made..........
Agreement to sell -- Specific performance - Earlier suit for bare injunction filed in 2001 - Possession had been handed over to plaintiffs pursuant to agreement - However, in subsequent suit for specific performance, delivery of vacant possession is prayed stating that defendants failed to hand over possession within stipulated time - This inconsistency in plaintiffs own..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Agreement to sell -- Termination - Suit for specific performance - Where agreement was terminated by seller, there should be a prayer for declaration that termination of agreement for sale is bad in law, or that it does not bind plaintiff and in absence of such a prayer, suit filed for specific performance will not be maintainable...........
Agreement to sell -- Specific performance - Plaintiff was always ready and willing to perform his part of contract and same could not be performed due to default of defendants alone - Plea of defendant that value of property has increased considerably and as such granting a decree for specific performance will give unjust enrichment to plaintiff, not tenable, as breach..........
Agreement to sell -- Specific performance - Written intimation relating to release of property from mortgage is not intimated to plaintiff by defendant - However, plaintiff admitted that mortgage was released on 12.4.2007 and as such absence of written intimation regarding release of property from mortgage has no relevance in facts of case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Whether plaintiff is signatory to agreement and whether plaintiff handed over physical possession of land in question to defendants, is a question of fact which cannot be gone in while considering application for rejection of plaint - Application rightly rejected...........
Agreement to sell -- Specific performance - Ready and willing - Party approaching Court seeking relief of specific performance of agreement of sale need not produce actual cash/money but is entitled to prove his readiness and willingness by any other means...........
Agreement to sell -- Specific performance - Ready and willing - There is no law which mandates production of audited books of accounts or Income Tax returns to show that plaintiff is using properly accounted money and not black money for purpose of payment of sale consideration...........
Agreement to sell -- Specific performance - Ready and willing - No law which states that a person seeking specific relief should prove his source of income - Rather law stipulates that there should be amounts available for payment of sale consideration...........
