Agreement to sell -- Specific performance - Ready and willing - Prime requirement for granting specific performance is proving plaintiff's readiness and willingness to perform the contract - Readiness can be demonstrated through oral or documentary evidence, such as proof of financial capacity or availability of funds - Whereas, willingness refers to purchaser's state of..........
Agreement to sell -- Specific performance - Ready and willing - None of plaintiffs who were parties to agreements entered the witness box to prove their willingness to purchase property - Agreement upon which plaintiffs seek relief of specific performance had been expressly repudiated by vendors through notice - Plaintiffs, however relying on alleged part payments made..........
Agreement to sell -- Specific performance - Plaintiff was always ready and willing to perform his part of contract and same could not be performed due to default of defendants alone - Plea of defendant that value of property has increased considerably and as such granting a decree for specific performance will give unjust enrichment to plaintiff, not tenable, as breach..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife except stating in her pleadings that she is ready to join company of her husband, has not placed any evidence to show that she is willing to discharge her marital obligations with her husband - Except self serving testimony of wife no other evidence is placed by her to show that..........
Agreement to sell -- Specific performance - Ready and willing - Party approaching Court seeking relief of specific performance of agreement of sale need not produce actual cash/money but is entitled to prove his readiness and willingness by any other means...........
Agreement to sell -- Specific performance - Ready and willing - There is no law which mandates production of audited books of accounts or Income Tax returns to show that plaintiff is using properly accounted money and not black money for purpose of payment of sale consideration...........
Agreement to sell -- Specific performance - Ready and willing - No law which states that a person seeking specific relief should prove his source of income - Rather law stipulates that there should be amounts available for payment of sale consideration...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has produced his bank statement to show that he had sufficient inflow and outflow of cash in his bank account during relevant period - As to how plaintiff utilized cash available in his bank account is not concern of defendants as long as balance sale consideration is paid in time - Relief of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Unregistered - Plaintiff is owner of suit property - Only defence raised by defendant opposing claim of possession which is based on S.53-A of the Act - However, since agreement is unregistered, defendant cannot seek to protect her possession over suit property by placing reliance on..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiffs failed to prove that they had requisite financial viability on the target date - In the absence of any such cogent or reliable evidence, relief of specific performance rightly denied...........
