Agreement to sell -- Specific performance - Plea of readiness and willingness - A person who denies the execution and registration of sale deed, cannot be permitted to raise the plea of readiness and willingness - Suit rightly decreed...........
Agreement to sell -- Specific performance - Readiness and willingness - Registered agreement between parties proved on record - Moreover, institution of suit for specific performance of contract offering to pay balance consideration to defendants for getting valid deed of sale is itself indicative of the fact that plaintiff is always ready and willing to perform his part..........
Agreement to sell -- Specific performance - Payment of balance sale consideration at the time of registration of agreement - No such stipulation in the agreement - Contention thus is hit by S.92 of Evidence Act, inasmuch as, oral evidence cannot override to the registered written agreement - Suit rightly decreed in favour of plaintiff. (Evidence Act, 1872, S.92)...........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, 506 -- Cheating - Agreement to sell - Sale of property to third person - Property sold to subsequent vendees much after the relevant date to execute the sale deed - Question of any dishonest intention or cheating did not arise - Civil suit for specific performance already filed - Dispute between parties is purely of..........
Agreement to sell -- Specific performance - Limitation - Suit filed within three years from the date of denial on the part of defendants to execute the sale deed - No delay or laches on the part of plaintiffs in seeking remedy by way of suit of specific performance - Suit, held, not barred by limitation...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Purchaser has to aver and prove readiness and willingness to perform his part of contract as from date of execution of agreement till filling of suit, during pendency of suit, till passing of decree - Absence of purchaser in not appearing before office of sub-registrar proves that he was not..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for specific performance - Where in the agreement of sale, specific date has been fixed for performance of agreement, then no, compliance of agreement on the said date would give a cause of action to file the suit for specific performance within three years from the date so fixed..........
Agreement to sell -- Specific performance - Limitation - Suit filed after five years of agreement and there being entire payment of consideration amount creates a suspicious circumstance as plaintiff kept mum and made no efforts for getting sale deed executed or showed any element of readiness and willingness - Rather plaintiff actively participated in conferring power of..........
Agreement to sell -- Specific performance - Plaintiff entered into agreement of sale with defendant No.1 being fully aware of the fact that suit property was already mortgaged - Suit property sold out in Court auction for non payment of mortgage amount and sale become final - Plaintiff, held, not entitled to relief of specific performance, as plaintiff failed to challenge..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plaint does not disclose any details or terms of agreement to sell - No documents produced by plaintiff with regard to agreement to sell, sale consideration, time frame within which agreement must be performed amongst others - Plaint displays the clever methodology in..........
