Agreement to sell -- Specific performance - Readiness and willingness - Suit filed after three years and when there is no communication or transaction in the meanwhile - Even in the absence of a specific time limit in agreement, it can be said that plaintiff did not show his readiness and willingness to complete the transaction within reasonable time - Relief of specific..........
Agreement to sell -- Refund of advance amount - Once it is concluded that suit agreement was entered into for sale transaction and Rs.5 lakhs is paid as advance amount and relief of specific performance was denied and there is no clause in agreement for forfeiture of advance amount, it would amount to allowing defendants to unjustly enrichment to themselves if alternative..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to show his readiness and willingness from the inception of sale agreement till the end...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness is the capacity to raise funds and willingness is mental attitude of plaintiff - Both go together and if same is not established on record, then relief of specific performance cannot be granted...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
Power of attorney -- Execution of agreement to sell, power of attorney and Will - On the strength of power of attorney, neither sale deed executed nor any action pursuant thereof taken - Non execution of any document by power of attorney holder consequent to it renders said power of attorney useless...........
Agreement to sell -- Execution of power of attorney and Will alongwith agreement to sell - Does not confer title - Such documents cannot override the provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Not a transaction of sale or a document transferring the proprietary rights in an immovable property but prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected u/s 53-A of the Transfer of..........
Eviction & Mesne profits -- Possessory title - Execution of agreement to sell - Vendee settled with possessory title in part performance of the agreement to sell - Vendor lost his possession and acquired right of possession under a licence simpliciter and he exhausted his right to continue in possession after the licence has been determined - Vendee rightly held to be..........
Agreement to sell -- Specific performance - Non framing of specific issue of readiness and willingness - Non denial in written statement of specific averment in plaint as to readiness and willingness - Plaintiff was subjected to elaborate cross examination by defendant on the aspect of readiness and willingness - Objection raised to this effect for the first time in..........
