Agreement to sell -- Specific performance - Plea of hardship - Defendant has a total of 30 bighas of agricultural land located in more than one village - It is not the defendant's case that in the event of specific performance being granted, he would become landless or that his livelihood would be effaced - If a decree of specific performance is passed, defendant would..........
Agreement to sell -- Specific performance - Mere fact that defendant has made a bad bargain is no ground to refuse specific performance...........
Agreement to sell -- Specific performance - Plea of fraud - Defendant stated that he took a loan from plaintiff which he had returned to plaintiff's agent and asked him to return the papers, which the latter said were misplaced and did not return - However, once agent of plaintiff made him execute a registered agreement which defendant believed to be a document to secure..........
Agreement to sell -- Refund of advance amount - Suspicious circumstances and doubtful situations raised by both the parties - Sufficient reasons for not granting relief of specific performance - Order directing refund of advance amount with adequate interest rate, upheld...........
Agreement to sell -- Specific performance - Jurisdiction of Court to grant decree of specific performance is discretionary but not arbitrary - Discretion must be exercised in accordance with sound and reasonable judicial principles. (Specific Relief Act, 1963, S.20)..........
Agreement to sell -- Specific performance - It is not always necessary to grant specific performance simply for the reason that it is legal to do so...........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
Agreement to Sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and prove availability of sufficient funds - If plaintiff does not have sufficient funds with him then plaintiff has to specifically plead how the funds would be available to him - To cite an example, plaintiff may aver and prove, by adducing evidence, an arrangement with a..........
Agreement to Sell -- Specific performance - Readiness and willingness - In a suit for specific performance of an agreement, it is for plaintiff to prove his readiness and willingness to perform his obligations under agreement...........
Agreement to Sell -- Specific performance - Readiness and willingness - To determine readiness and willingness of plaintiff, Court has to consider the conduct of plaintiff prior and subsequent to filing the suit for specific performance...........
