Agreement to sell -- Specific performance - Three agreements - When more than one agreement to sell are executed between same parties and cause of action to file suit for specific performance is same, plaintiff is entitled to file a single suit for possession by way of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Refund of earnest money - Non deposit of balance of sale consideration in Court by plaintiff - It is not essential for plaintiff to tender money or deposit the same into Court but it is for plaintiff to show that he is having financial capacity at all relevant times to raise balance sale consideration..........
Agreement to sell -- Specific performance - - Refusal of claim for specific performance - No relief including refund of any earnest money or deposit paid or made by vendee under agreement shall be granted by Court unless it has been specifically claimed...........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence of power of attorney holder in respect of matter of plaintiff's state of mind i.e of his readiness and willingness to perform agreement to sell at all times is not admissible. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Unfair advantage - Where a money lender having an unfair advantage over borrower/marginal farmer entered into an agreement to sell qua immovable property with him, he cannot in discretion of Court be entitled to decree of specific performance. (Specific Relief Act, 1963, S.20)..........
Agreement to sell -- Specific performance - Readiness and willingness - No averment of readiness and willingness has been set out by plaintiff nor it stated that defendant had notice of readiness and willingness of plaintiff to perform his part of agreement to sell - Plaintiff even did not enter witness box to prove his purported readiness and willingness - Readiness and..........
Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 420, 406, 120B -- Complaint - Issue of process - Opposite party being aware of sale of land and about deaths of rightful owner executed agreement in order to compel petitioner to part with the money - Moreover, agreement was executed by opposite party in order to use the same as..........
Agreement to sell -- Sale agreement between landlord and tenant - By entering into agreement to sell there is no automatic change in nature and character of possession - It essentially depends on intention of parties to be decided on the facts of each case - In the instant case there is specific case of defendant that they are in possession of premises under the agreement..........
Agreement to sell -- Oral - It is trite than an oral agreement for sale is seldom enforced - Its terms are to be specifically proved in order to secure a decree...........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Agreement executed in 1974 - However, specific performance of agreement sought in 1985 - Relief sought beyond period of 3 years from date of notice of repudiation, held, barred by limitation...........
