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...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that cheque of Rs.5,00,000/- was never handed over - Some part of earnest money was paid in cash whereas remaining amount paid through cheque - Cheque has never been dishonoured - Even, in agreement to sell details of cheque drawn on particular bank..........
Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - No bar u/s 22 of the Act to claim refund of earnest money paid by a party who is not at fault for failure of transaction ...........
Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - Execution of agreement to sell is admitted by defendant - Defendant admitted that he was not owner of suit property at the time of execution of agreement and neither had he become owner thereof at the time of stipulated date for registration and execution of sale deed -..........
Agreement to sell -- Specific performance - Readiness and willingness - Failure on the part of plaintiffs in not paying monthly instalments, not collecting rent from tenant living in suit property, not paying house tax etc., not taking action for eviction of tenant, shows that they were not ready and willing to perform their part of agreement - Relief of specific..........
Agreement to sell -- Suit for specific performance - Refund of earnest money - Defendant during subsistence of agreement had sold property to third party - In such circumstances, he cannot be permitted to forfeit earnest money received in pursuance of agreement to sell - There had been exchange if correspondence immediately after expiry of target date between the parties,..........
Agreement to sell -- Suit for specific performance - Relief of specific performance declined - Refund of earnest money - Cannot be granted unless specifically claimed. (Specific Relief Act, 1963, S.22)..........
Agreement to sell -- Specific performance - Readiness and willingness - No stipulation either in agreement to sell or in extension agreement that NOC needs to be obtained by defendant - It cannot be said that lack of NOC was a valid reason for plaintiff not to make payment of balance sale consideration - Plaintiff not made payment of balance sale consideration - Conduct of..........
Specific Relief Act, 1963, Section 13 -- Imperfect title - Suit for recovery of earnest money - Agreement shows that neither defendant had saleable title qua specific khasra numbers regarding which he agreed to sell to plaintiff nor he alleged that original owners had title qua specific khasra numbers - Even, there was no agreement in favour of defendant by anybody to sell..........
Specific Relief Act, 1963, Section 13 -- Extension of date for execution of sale deed - Suit for recovery of earnest money - Defendant admitted that requisite NOC for sale of land is not available with him or with his own vendors on target date of execution of sale deed - Even, defendants claim that plaintiff agreed for extension of target date but no evidence led by..........
