Agreement to sell -- Specific performance - Time if essence of contract - Plaintiff agreed to purchase mortgaged property by paying balance sale consideration directly to bank to clear mortgage debt within 15 days of sale agreement - It is further entered in agreement that if payment is not made within stipulated time, agreement shall stand cancelled - Time was thus,..........
Agreement to sell -- Specific performance - Readiness and willingness - Once counsel for the plaintiff made a statement that plaintiff is not ready to deposit the amount and that also after the mortgage had been redeemed by defendant - Suit filed by the plaintiff for specific performance could not be decreed...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Petitioner in Court made statement that petitioner would not mortgage, sell or destroy property in dispute - Petitioner on basis of agreement to sell of even date, executed sale deed by flouting undertaking given before Civil Court - Appellate Court while commenting upon nature of..........
Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Sale deed in question was executed only as a security for loan - Plaintiff never intended to sell the property to defendants as per sale deed and agreement - Sale deed also not indicating it to be mortgage by conditional sale as per S.58(e) of T.P.Act - It is specifically mentioned in the..........
Agreement to sell -- Specific performance - Property under mortgage to bank - Plaintiff discharged the mortgage by paying three times the sale consideration - Plaintiff throughout ready and willing to perform his part of the contract - After inducing plaintiff to clear the dues on the clear understanding that defendants will thereafter execute the sale deed, they cannot go..........
Indian Contract Act, 1872, Section 19 -- Agreement to sell - Misrepresentation - Consent of plaintiff was based on misrepresentation of fact with respect to mortgage of house in dispute with Bank - Contract is thus, voidable at the option of plaintiff - But plaintiff never exercised the option to invalidate or repudiate the contract - Rather, plaintiff filed the suit to..........
Agreement to sell -- Specific performance - Plea that property is under mortgage - Mortgage cleared within two days of receiving plaintiff's legal notice - The aspect of mortgage not a ground for plaintiff to claim that he could not for this reason seek specific performance against original vendor...........
Agreement to sell -- Specific performance - Relief of - Execution of agreement proved - However, it is no where pleaded or proved by plaintiff that he got redeemed the mortgaged land in favour of defendant No.2 in terms of agreement nor it is specifically pleaded that he was ready and willing to get the property redeemed from the mortgage - Refund of earnest money ordered..........
Agreement to sell -- Specific performance - Plaintiff entered into agreement of sale with defendant No.1 being fully aware of the fact that suit property was already mortgaged - Suit property sold out in Court auction for non payment of mortgage amount and sale become final - Plaintiff, held, not entitled to relief of specific performance, as plaintiff failed to challenge..........
Specific Relief Act, 1963, Section 13(2) -- Agreement to sell - Specific performance - Mortgaged property - If vendor professes to sell unencumbered property but if same is mortgaged, then vendor has only a right to redeem it and purchaser may compel him to redeem mortgage and to obtain a valid discharge...........
