Agreement to sell -- Specific performance - Clause in agreement that in case vendor fails to execute sale deed, vendee would be entitled to recover double the earnest money - Merely because of existence of this default clause, plaintiff cannot be denied relief of specific performance when execution of agreement and plaintiff's readiness and willingness to perform his part..........
Agreement to sell -- Specific performance - In a suit for specific performance, plaintiff must not only prove execution of a valid agreement but also establish her continuous readiness and willingness to perform her part of contract...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Agreement to sell -- Specific performance - Ready and willing - Once defendant asserted that plaintiff was neither ready nor willing to perform his part, plaintiff was atleast required to prove on record that he had capacity to pay balance sale consideration of more than 23 lakhs on agreed date for execution of sale deed - Plaintiff failed to bring on record any cogent..........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness are not one but two separate elements - Readiness means capacity of buyer to perform contract, which would include financial position to pay sale consideration - Willingness refers to intention of buyer as a purchaser to perform his part of contract, which is inferred by scrutinising..........
Agreement to sell -- Specific performance - Ready and willing - Continuous readiness and willingness on the part of buyer from the date of execution of agreement to sell till the date of decree, is a condition precedent for grant of relief of specific performance...........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness of buyer to go ahead with sale of property at the time of institution of suit loses its relevance, if buyer is unable to establish that readiness and willingness has continued throughout the pendency of suit...........
Agreement to sell -- Specific performance - Ready and willing - Onus to establish readiness and willingness is on buyer and failure to establish the same disentitles buyer from equitable and discretionary relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that he was present before office of sub-Registrar on the date of execution of sale deed but on the verbal assurance of defendant 15 days time was extended for execution of sale deed - Defendant did not execute sale deed even after said 15 days - However, plaintiff did not get his..........
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..........
