Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Agreement to sell -- Specific performance - Readiness and willingness can be shown through pleadings, documents or by conduct...........
Agreement to sell -- Specific performance - Legal notices issued discloses plaintiff's readiness and willingness - Defendants did not dispute plaintiff's readiness and willingness except making allegations in respect of earlier agreement, which has not even seen the light of day - Defendants failed to substantiate their plea of forgery and fabrication - Relief of specific..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has to prove his readiness and willingness to perform his part of contract throughout and establish through oral and documentary evidence...........
Agreement to sell -- Specific performance - Ready and willing - Suit filed after 5 years from the date of execution of agreement - No explanation offered by plaintiff for such period of five years - Plaintiff failed to prove his readiness and willingness to perform his part of contract throughout - Suit rightly dismissed...........
Agreement to sell -- Specific performance - Ready and willing - Prime requirement for granting specific performance is proving plaintiff's readiness and willingness to perform the contract - Readiness can be demonstrated through oral or documentary evidence, such as proof of financial capacity or availability of funds - Whereas, willingness refers to purchaser's state of..........
Agreement to sell -- Specific performance - Ready and willing - None of plaintiffs who were parties to agreements entered the witness box to prove their willingness to purchase property - Agreement upon which plaintiffs seek relief of specific performance had been expressly repudiated by vendors through notice - Plaintiffs, however relying on alleged part payments made..........
Agreement to sell -- Specific performance - Ready and willing - Party approaching Court seeking relief of specific performance of agreement of sale need not produce actual cash/money but is entitled to prove his readiness and willingness by any other means...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
