Agreement to sell -- Specific performance - Dismissal of suit - Once the bargain to sale/purchase of any land fails, unsuccessful buyer becomes entitled in law to claim refund of earnest money from seller u/s 22 of the Act. (Specific Relief Act, 1963, S.22)...........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Suit filed in the year 2005 - Amount of Rs.Ten lakhs, as per FDR, deposited in Court in the year 2012 as per directions in an order passed by the trial Court - For a long period of seven years plaintiff failed to prove that he had the financial capacity to pay the balance sale..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff performed his part of contract, as he paid the advance amount in terms of agreement and also sent notice to defendant for execution of sale deed - But it was not adhered to by defendant and they executed sale deed in favour of defendant no.6 - Story pleaded by defendants in their defence is wholly..........
Agreement to sell -- Specific performance - Decree of specific performance against subsequent purchaser - Effect - Sale deed in favour of subsequent purchaser bad in law and not binding on plaintiff - Sellers directed to refund the sale consideration received from subsequent purchaser and subsequent purchaser would join in execution of sale deed in plaintiff's favour along..........
Agreement to sell -- Specific performance - Readiness and willingness - Number of opportunities provided to plaintiff to get the sale deed executed but he did not come forward to get it executed - Further, if plaintiff was really ready and willing to perform his part of contract, he should have offered to deposit the amount straight-away in the bank either on date of..........
Agreement to sell -- Specific performance - Readiness and willingness - Once defendant have questioned execution of agreement itself, then they cannot take plea of no, readiness of plaintiff to get sale deed executed...........
Agreement to sell -- Suit for specific performance - Refund of advance amount - Where money paid is part of sale price, forfeiture clause will be treated as having effect of penalty - Even in absence of a prayer for refund of advance sale amount by plaintiff, with a view to render complete justice, Court is empowered to mould relief and to issue appropriate direction to..........
Agreement to sell -- Specific performance - Refund of advance amount - Defendants having no right, title or interest over suit property on the date of agreement - Even after expiry of date of agreement, only one defendant acquired right over suit property along with their co-owners - Plaintiff thus, cannot be blamed for no, performing his part of contract - Condition of..........
Agreement to sell -- Specific performance - Compromise decree - Defendant agreed to execute sale deed of 1/4 share out of his 1/3rd share - This is an act promised to be done by defendant who is promisee and plaintiff is promisor - Plaintiff expressed his desire that in lieu of promise given by promisee Court be pleased to grant compromise judgment and decree as per terms..........
