Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
Agreement to sell -- Refund of earnest money - Plaintiff has a registered agreement to sell in is favour and he had already paid Rs.2000 as earnest money in the year 1979 and has been litigation since last 44 years - Vendor sold the property to subsequent purchasers - Plaintiff though not entitled to relief of specific performance but subsequent purchasers directed to..........
Agreement to sell -- Specific performance - Execution of agreement to sell proved by marginal witness as well as scribe - As defendant was minor at the time of execution of agreement, decree of refund of earnest money with interest, upheld...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff's readiness not backed by willingness - Relief of specific performance rightly denied to plaintiff - Refund of earnest money is proper...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff except stating that he has balance of Rs.5,18,497/- in his bank account and issuing several notices, has done nothing - Plaintiff's readiness is not backed by willingness - Element of willingness is absent in the case - Relief of specific performance rightly denied to plaintiff - Refund of..........
Agreement to sell -- Refund of advance amount - Non-performance of agreement by plaintiff - Court committed error by passing decree in favour of plaintiff to pay double amount of earnest money - If there is a specific forfeiture clause on non-performance of agreement by vendee entitling vendor to forfeit money advanced to him, vendee cannot have a premium on his..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money - Such relief can only be granted if there is prayer for such relief either at the time of filing of suit or by way of amendment - Prayer clause is a sine qua non for grant of decree of refund of earnest money. (Specific Relief Act, 1963, S.22)...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money...........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
