Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Respondent has a direct interest in the land in dispute - Respondent rightly impleaded...........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Agreement to sell -- Suit for specific performance - Ex parte decree against minor who was being represented by her mother and natural guardian - Court ought to have appointed a Court guardian as mandated U.O.32.R.3 CPC and failure to appoint such a Court guardian of minor, vitiates the entire judgment and decree...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness refers to financial capacity of plaintiff and willingness refers to conduct of plaintiff in seeking specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not produced any document to show his readiness i.e financial capacity - He has also not let any proof to show his willingness - No explanation given by plaintiff as to what transpired to wait for two long years to approach defendant for execution of sale deed after execution of agreement..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Agreement to sell -- Specific performance - Sale consideration was Rs.1,80,000 and plaintiff had paid a sum of Rs.1,75,000 - However, no prudent person after paying Rs.1,75,000 will take two years time for the purpose of paying balance of Rs.5000 - Necessity for plaintiff to take two years time to pay balance is not only artificial but is not natural in the course of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for Specific performance - Objections raised by defendant are mixed question of facts and law and it could have been heard and decided after framing of issues and leading evidence by respective parties - If third party rights are created, it would result in multiplicity and complicity of..........
Agreement to sell -- Specific performance - Readiness and willingness - Denial of execution of agreement by vendor/owner - S.16 of Specific Relief Act itself enjoins the purchaser to establish his readiness and willingness to perform his/her part of agreement regarding which one cannot seek any escape merely on account of denial of execution of agreement by vendor/owner...........
Agreement to sell -- Specific performance - Plea of hardship - Plea was never raised specifically in written statement except mentioning that land in question was the source of livelihood of defendant - Plea of hardship at the belated stage of second appeal rejected...........
