Agreement to sell -- Validity - Specific denial by defendant regarding execution of agreement to sell - In absence of any comparison of alleged left thumb impression of defendant appearing on agreement with her admitted left thumb impression by a fingerprint expert, authenticity of said agreement becomes doubtful - Agreement to sell not proved - Relief of specific..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Agreement to sell -- Specific performance - Both the parties at fault - Equity must operate in a manner that prevents unjust enrichment and restores parties to their original position, as far as possible particularly where both parties are at fault - Therefore, directing forfeiture of earnest money would result in an equitable windfall to defendants - Defendants directed..........
Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
Agreement to sell -- Specific performance - Refund of earnest money - Can be granted only where a valid and enforceable agreement of sale is established and plaintiff proves readiness, willingness and entitlement to relief...........
Agreement to sell -- Specific performance - Refund of earnest money - S.22(2) of SRA expressly bars grant of refund of earnest money unless such relief is specifically claimed. (Specific Relief Act, 1963, S.22(2)..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking specific performance must establish continuous readiness and willingness not merely at the time of institution of suit but throughout the relevant period...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff was negligent, inactive and lacked continuous readiness and willingness to perform contract within the agreed period - Unexplained delay between agreement and notice, coupled with absence of any contemporaneous act evidencing readiness and willingness, supports refusal of relief - Relief of specific..........
Agreement to sell -- Specific performance - Ready and willing - To prove readiness and willingness, there has to be continuous readiness and willingness of a party during all stages including at all times during pendency of suit...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Execution of agreement to sell, payment of earnest money and fixing of date of execution of sale deed admitted - It was the positive case of plaintiffs that they had remained present in the office of Sub-Registrar for execution of sale deed but defendant did not turn up..........
