Agreement to sell -- Specific performance - Readiness and willingness - In order to prove readiness and willingness on the part of plaintiff he was not required to prove flash cash or deposit the amount in Court or to tender to defendant...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Agreement to sell -- Specific performance - Defendant did not dispute his signatures on agreement - However, contention of defendant that blank stamp papers signed by him had been used for this purpose is not accepted by Courts below - Agreement to sell has been proved by plaintiff - Suit rightly decreed in favour of plaintiff...........
Agreement to sell -- Specific performance - Grant of specific performance of agreement is an equitable relief which can be refused by Court after taking into account, all the surrounding circumstances...........
Agreement to sell -- Specific performance - Readiness and willingness - Mere payment of 87% of total sale consideration - Does not establish readiness and willingness - Plaintiff has to show his readiness and willingness for fulfilling all of his obligations...........
Agreement to sell -- Breach of agreement - Plaintiff is entitled either for specific performance or refund of money - It is not mandatory that without filing the suit for specific performance of agreement, plaintiff cannot claim refund of earnest money...........
Agreement to sell -- Specific performance - Extension of time to deposit balance sale consideration - DH granted one month time to deposit balance sale consideration - However, there was no condition in the decree that if DH failed to deposit the amount of balance consideration in a particular period, then suit would automatically be considered as dismissed - Trial Court..........
