Agreement to sell -- Specific performance - Readiness and willingness - No evidence on record to prove availability of funds with plaintiff - Plaintiff remained completely silent for a period of 2 years 7 months and 15 days - Relief of specific performance not granted to plaintiff - However, plaintiff entitled to relief of refund of earnest money with 6% interest p.a...........
Agreement to sell -- Specific performance - Time essence of contract - Agreement to sell - Last date for execution of registration of sale deed agreed between parties - Once last date has been mentioned, Court was not correct in returning finding that time was not essence of contract. (Contract Act, 1872, S.54)..........
Civil Procedure Code, 1908, Order 20, Rule 12, Indian Contract Act, 1872, Section 73, 74 -- Mesne profits - Lease deed - Actual rate of prevailing rent - No evidence led as to what was actual rate of prevailing rent for grant of mesne profits at a rate higher than agreed rent - Lease deed in question also does not provide for a figure of Rs.48,000 p.m to be granted as..........
Civil Procedure Code, 1908, Order 20, Rule 18, Registration Act, 1908, Section 17 -- Suit for partition - Will in favour of defendant - Plaintiff claimed partition on basis of agreement for dividing suit property - Agreement was unregistered and not acted upon by parties - Agreement cannot confer right over property to claim partition...........
Agreement to sell -- Suit for specific performance - Time essence of contract - When plaintiff pleads that time was not of essence and defendant does not deny it by evidence, Court is bound to accept the plea of plaintiff. (Contract Act, 1872, S.55)..........
Agreement to sell -- Suit for specific performance - Time essence of contract - It is a question of fact and real test is intention of parties - It depends upon facts and circumstance of each case - Intention can be ascertained from: (i) express words used in contract; (ii) nature of property which forms the subject-matter of contract; (iii) nature of contract itself; (iv)..........
Agreement to sell -- Proof - Little bit different spacing of last four lines - Nothing important written in those last four lines - On careful examination of agreement to sell, it does not appear that blank thumb impression and signed papers have been used for drafting agreement to sell...........
Agreement to sell -- Plea of fraud - One marginal witness and stamp vendor from whom defendant purchased stamp paper examined - When stamp paper was purchased, defendant has signed endorsement before stamp vendor - No evidence led by defendant to prove that stamp paper was not purchased by him - Defendant admits his thumb impressions and signatures on agreement to sell -..........
Agreement to sell -- Proof - First two pages of agreement to sell not signed by parties - Agreement to sell does not become doubtful, particularly when defendant has not led any evidence that agreement to sell is forged and fabricated...........
Registration Act, 1908, Section 17 -- U, registered receipts and documents varying the terms of original agreement to sell, were not the documents received in evidence for collateral purpose - Said documents were direct evidence evidencing variation of contract of a registered document cannot be varied by unregistered document executed in future...........
