Agreement to sell -- Specific performance - Merely because two agreements to sell entered into at one point of time regarding different portions/floors of same property does not necessarily mean that both agreements are interlinked as regards their performance particularly when no clause in any of agreements exists or could be pointed out showing a categorical..........
Agreement to sell -- Qua ground floor of suit property - Specific performance - Breach of contract - Plaintiff is guilty of breach of contract by not only failing to tender balance sale consideration, in fact defendants sent their legal notice requesting for balance payment which was not complied by plaintiff - Once plaintiff himself is guilty of breach of contract, he..........
Agreement to sell -- Qua ground floor of suit property - Specific performance - Ready and willing - Once plaintiff himself does not seek specific performance but only shows his intention to seek refund of amounts paid by plaintiff to defendants through legal notice, then plaintiff's intention to be always willing to enter into sale deed is admittedly found to be lacking -..........
Agreement to sell -- Qua second floor and above floor of suit property - Specific performance - Breach of contract on the part of plaintiff - Plaintiff cannot claim that he was not bound to tender balance consideration allegedly on account of a cloud created on the title of father of defendants particularly when it is cleared that no such cloud was shown on title of father..........
Agreement to sell -- Suit for specific performance - Limitation - Suit instituted within three years from the execution of agreement to sell - Cause of action arose after one year of lapse of period agreed between parties - Suit was thus, not time barred even from the date of agreement in question...........
Agreement to sell -- Suit for specific performance - Time essence of contract - It is mentioned in the agreement that when plaintiff asks defendant then defendant would receive Rs.1 lac as balance consideration and execute the sale deed - These words clearly indicate the intention of parties were not to limit the contract for sale within any period of limitation - Time..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid 2/3rd amount of sale consideration - Said amount of sale consideration was used and usurped by defendant who also enjoyed possession of disputed property - Defendant after receiving the amount did not entered into contract, so it was defendant who committed breach of contract -..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - No specific objection raised to this effect in reply to the petition - Trial Court rightly did not conduct an enquiry - Court without holding an enquiry cannot give a finding as to unsound mind - Petition cannot be dismissed as not maintainable as not filed through next friend...........
Agreement to sell -- Specific performance - 96.25% of sale consideration paid - If no relief of specific performance is granted it is defendant who will get unfair advantage over plaintiff - Relief of specific performance granted...........
Transfer of Property Act, 1882, Section 3 -- Constructive notice - Suit for specific performance - Plaintiff need not take notice of any possession other than a person in possession under a registered instrument, which could constitute a constructive notice - Any transaction which is not brought under Book-I of Registration Act cannot evoke any constructive notice -..........
