Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform her part of contract, as she went to office of Sub-Registrar along with balance sale consideration on the appointed date of registration and execution of sale deed, but defendant did not turn up - Since agreement to sell is duly proved and plaintiff is ready..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order to pay ad valorem court fee - Suit for specific performance filed though merely because of jugglery of words a decree of declaration sought - For all intents and purposes decree for specific performance of agreement of sale was sought - Order directing plaintiff to pay ad valorem court fee, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be affected by present suit - Hence,..........
Suit for possession -- Agreement to sell - Transferee put in possession in part performance of agreement to sell - Entire sale consideration paid - Transferee performed his part of contract and he developed the property by putting efforts and by investing for so many years - Held, transferee is entitled to protect his possession even when his suit for specific performance..........
Stamp Act, 1899, Section 2(10), Article 23A -- Suit for specific performance - Agreement to sell - Cannot be termed as conveyance as defined u/s 2(10) of the Act - That being so, agreement to sell in question not creating any right, title and interest over suit property, except cause of action asking for execution of sale deed, Art.23-A of Sch.1A of the Act, not attracted...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Though essential requirement of agreeing execution of agreement to sale and receiving of earnest money by vendor is proved but subsequent part required for fulfilling contract by making complete balance payment to defendants and also by proving readiness and willingness on part of plaintiff..........
Indian Contract Act, 1872, Section 55 -- Agreement to sell - Suit for specific performance - Time whether essence of contract - Admittedly, agreement has the clause that balance amount of sale consideration was to be paid by plaintiff to defendants within a period of 91 days and even, agreement clearly shows consequences on failure of parties in completing the agreement..........
Agreement to sell -- Specific performance - Legal notice for execution of sale deed by proposed vendee - No requirement in law for the proposed vendee to serve a legal notice upon the proposed vendor either within a particular period of time or even before filing of suit for specific performance...........
Agreement to sell -- Specific performance - Clause in agreement as to payment of double the amount of earnest money in case of failure to execute sale deed by vendor - Held, only because such a clause exists, suit for specific performance of contract cannot be said to be not maintainable...........
Agreement to sell -- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court allowing alternative relief of recovery of advance amount,..........
