Agreement to sell -- Specific performance - Readiness and willingness - Amendment to plea regarding readiness and willingness granted at appellate stage if lacks bona fides on plaintiff's part, same cannot be proved in accordance with requirements of S.16(c) of Specific Relief Act - Relief of specific performance not granted to plaintiff...........
Agreement to sell -- Specific performance - Readiness and willingness - Default in payment schedule, as agreed, attracts the clause of automatic termination of agreement...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and prove his continuous readiness and willingness to perform each and every condition of agreement right from date of agreement upto date of decree...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Plea of misrepresentation - Possession received through friend and natural guardian who instituted suit - However, no proof that natural guardian validly constituted power of attorney, hence, no misrepresentation by plaintiff proved on record - Moreover, there is no such unilateral agreement..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere issuance of demand notice calling upon defendant to execute sale deed does not constitute compliance of requirement of readiness and willingness as envisaged u/s 16(c) of Specific Relief Act - S.16(c) of Specific Relief Act stipulates that plaintiff should establish that he or she was ready and..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff is bound to prove and establish readiness and willingness irrespective of denial of readiness and willingness by defendant...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and establish that he had resources to pay the balance sale consideration or possessed the necessary wherewithal to raise the balance sale consideration to conclude the sale transaction - It amounts to failure to prove readiness and willingness when there is no evidence of any..........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of party in office of sub-registrar - This is neither mandatory nor sine qua non to prove presence in office of sub-registrar on stipulated date by way of documentary evidence - Even, there is no such requirement of law that an application or affidavit with regard to presence in office of..........
Agreement to sell -- Specific performance - Readiness and willingness - Bank accounts in the name of plaintiffs prove that they had sufficient funds to discharge their obligation with regard to payment of balance sale consideration - There is thus, voluminous and overwhelming evidence on record to prove bona fides of plaintiffs with regard to their readiness and..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has taken different stands as to payment of balance amount as he states that he had withdrawn the amount from bank but no evidence is produced and also states that he had taken loan from a commission agent but not examined as a witness - Plaintiff in his suit claims that defendant did not..........
