Agreement to sell -- Subsequent agreement to sell in favour of defendant No.1 - Proper course for plaintiff is u/s 19(b) of Specific Relief Act and not by way of separate suit to declare subsequent agreement as null and void. (Specific Relief Act, 1963, S.19(b)...........
Specific Relief Act, 1963, Section 34, Registration Act, 1908, Section 17, 49 -- Suit for declaration of title - On the basis of u, registered exchange deed - Exchange deed being u, registered cannot be read in evidence in view of Ss.17, 49 of Registration Act - Even otherwise, there is no valid exchange deed adduced on record by plaintiff to prove his claim with regard to..........
Agreement to sell -- Specific performance - Readiness and willingness - A plaintiff who seeks specific performance must at all times be ready and willing i.e. plaintiff has to be ready and willing right from the date of contract till the date of final arguments in the suit. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness and willingness is not to show liquid moneys available with the plaintiff/proposed purchaser but readiness and willingness has to be that there exists financial capacity. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Readiness and willingness - Bank account statement - On two dates there was deposit of Fifty and Fifty four lakhs - Otherwise there was barely deposit balance of Rs.25,000/- - No explanation as to how plaintiff mysteriously had such huge amounts on two dates and what was the source of those amounts and why such amounts appeared..........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of plaintiff before Sub-Registrar on the date fixed by Defendant for execution of sale deed along with balance sale consideration, shows that plaintiff was ready and wiling to perform his part of contract - It is defendants who did not turn up on that date, hence they are estopped from..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Six months time prescribed for performance of sale, as defendants themselves issuing a telegraphic notice calling upon plaintiffs to perform their part of contract - Defendants have not honoured the same by executing sale deed in favour of plaintiff - Suit filed within 3 years of period of..........
Agreement to sell -- Specific performance - Readiness and willingness - Merely because defendants denied execution of agreement to sell does not absolve plaintiff to assert and prove that he was always ready and willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Readiness and willingness - It is for plaintiff to plead and prove that he was always ready and willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Readiness and willingness - Suit filed after 2 years and 6 months from date of agreement and failed to prove that during this period, he took any step showing his readiness and willingness to perform his part of contract - Plaintiff stated in cross-examination that he can file suit whenever he felt need for the same - Readiness..........
