Agreement to sell -- Specific performance - Discretionary relief of specific performance not granted to plaintiff on mere payment of 14% of sale consideration - However, plaintiff entitled to refund of advance amount with interest @ 7.5% p.a. (Specific Relief Act, 1963, S.20)..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Recovery suit - Refund of advance amount - Oral agreement of sale executed between parties - Plaintiff failed to prove the fact that Rs.25,000 was given by him as advance amount for purchasing defendant's property - Plaintiff is even silent about description, details and location of property - Broker through whom the offer..........
Agreement to sell -- Specific performance - Readiness and willingness - No evidence on record to prove availability of funds with plaintiff - Plaintiff remained completely silent for a period of 2 years 7 months and 15 days - Relief of specific performance not granted to plaintiff - However, plaintiff entitled to relief of refund of earnest money with 6% interest p.a...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff alleged that he contacted defendant variously for the purpose of execution of sale deed and also sent notice to defendant for the same purpose - However, copy of said notice not filed by plaintiff in suit - Even no dates were brought on record when he requested defendant for execution of sale..........
Agreement to sell -- Specific performance - Refund of earnest money with interest @ 18% - Plaintiff guilty of breach of contract and also found speculating in litigation by failing to prove his financial capacity - Such high rates of interest ordinarily ought not to be granted in favour of the guilty party to a contract - However, grant of interest not interfered since no..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(8) -- Right of redemption of Borrower/mortgagor - Borrower not deposited balance due together with costs, charges and expenses, in accordance with provisions of S.13(8) of the Act - Sale was confirmed and sale certificate was issued and registered sale deed was..........
Agreement to sell -- Specific performance - Defendant denied the same by pleading it to be a security - Contents of agreement not proved by examining attesting witnesses, Stamp vendor and Deed Writer - Intention of parties for executing agreement not brought on record - Plaintiff miserably failed to prove readiness and willingness - Defendant admitted having received the..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 11 -- Divorce by mutual consent - Withdrawal of consent by wife at the second motion - Restitution of amount of 12 lakhs received by wife - Order as to refund, upheld but same will be subject to terms, as directed by Court, which will be beneficial for the husband, the minor child and wife...........
Agreement to sell -- Specific performance - Admission in cross examination by one of the attesting witness that there was no transaction of giving/taking of money in his presence - Sole testimony of defendant is not at all sufficient either to rebut evidence adduced by plaintiff consisting of testimonies of deed writer, one of the attesting witness and statement of..........
Agreement to sell -- Specific performance - Readiness and willingness - Refund of earnest money - Non deposit of balance of sale consideration in Court by plaintiff - It is not essential for plaintiff to tender money or deposit the same into Court but it is for plaintiff to show that he is having financial capacity at all relevant times to raise balance sale consideration..........
