Agreement to sell -- Specific performance - Plaintiff is required to be ready and willing not only till prior to the institution of the suit but even till post the decree for specific performance and if found to be lacking, is not entitled to such a discretionary relief...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Evidence Act, 1872, Section 62 -- Primary evidence - Photocopy of agreement - Original of the agreement and photocopy thereof signed by both the parties after comparing the same with the original - Photocopy of agreement signed by parties is thus, primary evidence of original agreement...........
Agreement to sell -- Oral - Based on telephonic conversation - Plaintiff failed to prove that there was any concluded agreement entered into between the parties - Plaintiff failed to prove any meeting of mind between him and defendant - In fact there is not even an iota of evidence on record from which it can be inferred that any deliberations, leave aside entering upon a..........
Agreement to sell -- Specific performance - Agreement to sell becoming incapable of performance due to acquisition of that property by Government - Entire sale consideration of Rs.90,000 was received by vendor and possession was delivered - Plaintiff constructed three shops on the suit land - Held, plaintiff is entitled to compensation of Rs.10 lakhs received consequent to..........
Agreement to sell -- Specific performance - Damages - Damages have to be calculated in terms of S.73 of Contract Act which is to be assessed as on or in around the date of breach...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Agreement to sell - Presenting three post-dated cheques without intention of letting them e, cash whether amounts to a promise or not, is a question which cannot be determined without giving opportunity to adduce evidence - Prima facie, pleadings has certain elements of fraud - Thus,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Denial of written agreement by landlord - Merely because landlord has not accepted written agreement does not change essential relationship between tenant and landlord...........
Agreement of gift -- Specific performance - Cannot be claimed regarding agreement to gift...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Non execution of sale deed - At the time of entering into agreement to sell there was no intention of accused to cheat complainant and thereby dishonestly inducing him to deliver the amount - Non compliance of agreement on later point of time may be due to many..........
