Agreement to sell -- Suit for specific performance - As per evidence on record plaintiff herself does not enter the witness box - Even, agreement is said to have been executed between plaintiff and defendant No.1 & 2, and plaintiff and defendant No.2 had not signed the document - Moreover, attesting witness is a close associates of husband of plaintiff and other attesting..........
Agreement to sell -- Specific performance - Execution of agreement denied by defendant - Plaintiff not entering the witness box - Renders the case of plaintiff highly doubtful...........
Agreement to sell -- Specific performance - Execution of agreement denied by defendant - Plaintiff herself did not enter the witness box - Agreement executed in between plaintiff and defendant Nos.1 and 2 but agreement not signed by plaintiff and defendant No.2 - One of the attesting witness a close associate of husband of plaintiff and other attesting witness not..........
Agreement to sell -- Specific performance - Readiness and willingness shall not be subject to any condition other than the one agreed upon by the parties. (Specific Relief Act, 1963, S.16(c)..........
Agreement to sell -- Specific performance of contract in part - When to be granted - (i) When contract for sale became inequitable either in part or in whole, it is permissible to grant specific performance of contract in part, subject to the satisfaction of the mandates as envisaged u/s 12 of Specific Relief Act; (ii) Specific performance of contract for sale being..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Entire suit based on an agreement to sell - No prayer for grant of specific performance - In the absence of main relief, i.e. specific performance of contract, no ancillary relief in the form of an injunction can be granted...........
Agreement to reconveyance -- Unregistered - Suit for specific performance - Sale deed executed and on the same day agreement of repurchase executed - Suit for specific performance of an unregistered agreement of repurchase is maintainable...........
Agreement to reconveyance -- Suit for specific performance - Time essence of contract - Legal position as to time essence of contract as regards agreement of sale and agreement of reconveyance is totally different - In case of agreement of sale it may or it may not be an essence of contract but in case of agreement of reconveyance, time is essence of contract. (Contract..........
Agreement to reconveyance -- Suit for specific performance - Ready and willing - Notice issued but not replied - Suit filed three years thereafter - Plaintiff at no time made efforts to offer or tender the amount of consideration nor deposited the amount in Court at the time of presentation of suit - Mere issuance of notice is not sufficient to show willingness on the part..........
Criminal Procedure Code, 1973, Section 125 -- Right of handicap child to claim maintenance - Mere fact that the child's mother in agreement between herself and her husband had undertaken the responsibility of maintaining the child would not preclude the child from claiming maintenance against father...........
