Agreement to sell -- Specific performance - Time not essence of contract - Even where time is not an essence of contract, plaintiff must perform his part of contract within a reasonable time and reasonable time should be determined by looking at all surrounding circumstances including the express terms of contract and nature of property...........
Agreement to sell -- Specific performance - Readiness and willingness - For relief of specific performance, plaintiff has to prove that all alone and till the final decision of suit, he was ready and willing to perform his part of contract - Mere statement or averment in the plaint for readiness sand willingness would not suffice...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract by adducing oral evidence on record - Relief of specific performance , denied - However, on considering the provision of S.22 of Specific Relief Act, alternative relief of refund of advance amount of Rs.20,000..........
Agreement to sell -- Specific performance - Transfer pendente lite - Once sale agreement in favour of plaintiff is proved, subsequent sale during pendency of suit is hit by doctrine of lis pendens - Suit for specific performance rightly decreed by High Court...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Agreement to sell - Suit for specific performance - Trial Court partly decreed the suit to the extent of recovery of Rs.40,000/- - Separate appeal or cross objections thereagainst not filed - In the absence of cross appeal or cross objections, first appellate Court could not have recorded a finding that subject..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Agreement to sell -- Specific performance - Agreement to sell qua land comprised in Khasra No.454 - Decree passed qua Khasra No.457 - Specific performance of contract was not claimed of land of Khasra No.457 - Judgment and decree set aside - Matter remitted for decison afresh...........
Agreement to sell -- Specific performance - Agreement in question recites that defendant had received earnest money to the tune of Rs.16,00,000 out of total sale consideration of Rs.18,87,000 - Therefore, it does not stand to reason that plaintiff being a Police Constable would part with a huge sum of Rs.16,00,000 towards a transaction to purchase land and thereafter,..........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
Agreement to sell -- Specific performance - Plaintiff being a Police Constable was mandatorily required to seek permission from his department before entering into an agreement to purchase property of a high value - However, admittedly, he did not seek any such permission from the department - It is not the case of plaintiff that he and defendant were on such close terms..........
