Agreement to sell -- Specific performance - Ready and willing - Continuous readiness and willingness on the part of buyer from the date of execution of agreement to sell till the date of decree, is a condition precedent for grant of relief of specific performance...........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness of buyer to go ahead with sale of property at the time of institution of suit loses its relevance, if buyer is unable to establish that readiness and willingness has continued throughout the pendency of suit...........
Agreement to sell -- Specific performance - Ready and willing - Once it is established that buyer is not willing to perform contract, fact that entire advance consideration/earnest money had not been returned to buyer is irrelevant and immaterial...........
Agreement to sell -- Specific performance - Ready and willing - Onus to establish readiness and willingness is on buyer and failure to establish the same disentitles buyer from equitable and discretionary relief of specific performance...........
Agreement to sell -- Specific performance - Existence of a valid agreement is sine qua non for grant of relief of specific performance...........
Agreement to sell -- Specific performance - Seller issued a letter cancelling agreement to sell prior to institution of suit - Suit for specific performance is not maintainable in absence of a prayer for declaratory relief that termination/cancellation of agreement is bad in law...........
Agreement to sell -- Specific performance - Suppression of material fact - Buyer failed to disclose in the plaint that seller had issued cancellation letter enclosing therewith demand drafts and two of three post-dated cheques - Failure of buyer to disclose the same in her plaint amounts to suppression of material fact, disentitling her from discretionary relief of..........
Agreement to sell -- Specific performance - Suppression of material fact - Disentitles plaintiff from discretionary relief of specific performance...........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - Unstamped agreement to sell - Plaintiff was claiming relief relying upon agreement of sale and entire suit was based upon said document for recovery of money and damages, same cannot be considered as collateral purpose - Document in question directed to be impounded and only on payment of necessary stamp duty and..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(2) -- Summoning of Tehsildar - Partition suit - Tehsildar cannot be summoned to Court to lead evidence merely on the ground to find out the discrepancy that seems to be in the areas of land purchased by parties in the agreement of sale and the area that was got mutated in the name of parties in the revenue records -..........
