Agreement to sell -- Specific performance - Time essence of contract - Time limit of four months fixed to perform the part of contract by both parties - Material on record clearly goes to show that within four months of stipulated time, plaintiff got issued legal notices to defendants 1 and 2 and said notices were returned with postal endorsements - However, defendants 1..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff though pleaded that he appeared in office of Sub-Registrar on target date fixed in agreement and then served a legal notice - However, except for oral statement of plaintiff in this regard, there was no other evidence to prove this assertion - More so, no evidence was produced by plaintiff to show..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Doctrine of merger - Trial court while allowing suit for specific performance had specifically directed that plaintiff shall deposit balance sale consideration with Court within 20 days from date of judgment passed by trial Court - Contention that decree passed by trial Court can be affirmed by High..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Applicant not able to produce any evidence to indicate that respondents had intention to deceive applicant from the very inception - He also did not issue any notice to respondent No.1 for execution and registration of agreement to sell - Applicant has also not produced on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Auction sale -- Bid - Merely by offering highest bid, bidder does not acquire any vested right for the execution of contract in its favour...........
Auction sale -- Cancellation of auction - Auction cancelled due to erroneous minimum rate provided in the Notice Inviting Tender (NIT) - Appellants were well within their rights to cancel the auction, as terms and conditions of NIT, empowers appellant to accept or reject any or all bids - Moreover, pursuant to the cancellation of first NIT, a second NIT was issued wherein..........
Adverse possession -- A purchaser who got into possession under an executory contract of sale would be on only permissive in character, he cannot contend that his possession was adverse and it will remain as a permissive possession in contradiction to a possession in the case of sale...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession is inherent in the relief of specific performance of contract for sale - Therefore, in execution of a decree for specific performance, DH is entitled to possession over property even if no such relief was specifically claimed in the suit or granted under the decree...........
Agreement to sell -- Specific performance - Plaintiff already paid 75% of the sale consideration - If the plaintiff was unwilling to perform the contract, he would not have paid such an amount - Plaintiff with the payment of additional sum above the earnest money, has proved his readiness and willingness to perform the contract - Relief of specific performance rightly..........
