Agreement to sell -- Specific performance - Ready and willing - To prove readiness and willingness, there has to be continuous readiness and willingness of a party during all stages including at all times during pendency of suit...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Execution of agreement to sell, payment of earnest money and fixing of date of execution of sale deed admitted - It was the positive case of plaintiffs that they had remained present in the office of Sub-Registrar for execution of sale deed but defendant did not turn up..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking decree of specific performance is required to plead and prove his continuous readiness and willingness dehors objection raised by defendant...........
Agreement to sell -- Specific performance - Ready and willing - Mere presence of plaintiff before Sub Registrar may lead Court to infer willingness of plaintiff but it does not prove his readiness - In order to prove his readiness, plaintiff was required to prove that he possessed financial competency on appointed date i.e., to perform his part - Ingredients of S.16(c) of..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from alienating plot allotted in lieu of acquisition of land - Agreement of sale executed between plaintiff and respondent and during subsistence of said arrangement, land in question came under acquisition and land vested in State - Once acquisition machinery..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration and specific performance - Once it appears from material on record that lease agreement between parties is determinable in its nature, in the face of provisions contained in S.14(d) of Specific Relief Act no specific performance of contract of lease agreement can be granted by..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Decree passed in a suit for specific performance does not give any right or title to the decree holder - In case of agreement of sale and a decree passed in a suit for specific performance, right and title passes only on execution of sale deed...........
Agreement to sell -- Dismissal of suit for specific performance - Appeal - In a suit for specific performance concerning an immovable property, if relief sought is not granted and aggrieved party appeals, then an application seeking to maintain status quo filed before appellate Court cannot be dismissed solely because suit for specific performance stood dismissed...........
