Agreement to sell -- Specific performance - Ready and willing - Seller failed to redeem the mortgage land before stipulated date as agreed - Adverse inference against purchaser that they failed to appear before sub registrar on the date fixed for execution and sale deed cannot be drawn because land was still under mortgage - Thus, fault lies with defendants and it cannot..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for possession by way of specific performance of agreement to sell - In written statement filed by petitioner-defendant initially, a plea was taken that alleged agreement to sell is a forged and fabricated document - Petitioner-defendant moved application for amendment of written statement..........
Agreement to sell -- Specific performance - Conditional sale deed for reconveyance or mortgage by conditional sale - In both contingencies plaintiff is entitled to buy back the property...........
Agreement to sell -- Specific performance - Relief of - Cannot be denied merely for the reason that land is mortgaged with the bank - Encumbrance attached to the land could be removed by the defendant before effecting the sale and no objection could be obtained from the bank or the prospective vendee stepping into the shoes of the mortgagor, is liable to pay the mortgage..........
Agreement to sell -- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically perform the contract in its favour. (Specific Relief..........
Agreement to sell -- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically perform the contract in its favour. (Specific Relief..........
Agreement to sell -- Specific performance - Death of both parties during pendency of suit - Part of property under mortgage - Mortgage amount exceeding balance sale price - In case of performance successors of defendant will suffer hardship whereas no hardship will be suffered by successors of plaintiff in case of non performance - Decree of specific performance modified -..........
Agreement to sell -- Specific performance - Agreement entered into by attorney - Authority given to attorney was to protect the property and not to sell, mortgage, lease, gift or to enter into any agreement for that purpose on behalf of the principal - Agreement entered into by the attorney is not valid and binding on the principal...........
Agreement to sell -- Specific performance - Lease on hire purchase basis - Lessee was not the owner and has no right to sell or mortgage or otherwise to dispose of the property until sale price finally determined was paid by lessee - Lessee entering into contract with plaintiff to sell property when he had not become owner of property - Held, agreement to sell cannot be..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale and sale with a condition of repurchase - Distinction - In a mortgage, debt subsists and a right to redeem remains with the debtor; but a sale with a condition of repurchase is not a lending and borrowing arrangement - There does not exist any debt and no right to redeem is reserved thereby - An..........
