Agreement to sell -- Specific performance - Readiness and willingness - Merely because defendants denied execution of agreement to sell does not absolve plaintiff to assert and prove that he was always ready and willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101 -- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed - Executing..........
Civil Procedure Code, 1908, Section 148 -- Extension of time for depositing consideration money - Execution of decree - Suit for specific performance - In absence of any explanation, decree-holder cannot at his own will can seek execution of decree on depositing balance amount...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order to enable Court to effectively..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff having means but not actually willing to perform his part of contract - Plaintiff not paid the balance sale consideration within stipulated time of 15 days for execution of sale deed - Plaintiff held, not entitled to decree of specific performance. (Specific Relief Act, 1963, Ss.16(c), 20)...........
Agreement to sell -- Specific performance - Suit dismissed holding agreement to be forged and fabricated document - Validity - Stamp paper on which agreement was scribed is shown to have been purchased by husband of defendant no.1 - Stamp vendor not examined - Agreement not scribed by regular deed writer - It has been scribed on stamp paper purchased for execution of..........
Agreement to sell -- Specific performance - Agreement to sell whether a security document and not in fact agreement to sell - Agreement to sell in writing - Execution of agreement proved on record - Out of total consideration of Rs.3.70 Lakhs Rs.1 lakh paid as earnest money - Stamp paper for execution of sale deed purchased for the purpose of execution of agreement to sell..........
Agreement to sell -- Specific performance - Prayer for possession although under agreement to sell, possession was delivered - Prayer of plaintiff not contradictory when it is recorded that possessory title shall be delivered at the time of execution of sale deed - Moreover it is also mentioned in plaint that possession of property was given to him at the time of agreement..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case, as transfer in favour of petitioners..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by husband that suit property belongs..........
