Agreement to sell -- Specific performance - Plaintiff made a payment of Rs.12,000/- on 24.05.1981 - Plaintiff was not ready and willing to get the sale deed executed and registered - To adjust equities, defendant directed to compensate plaintiff by paying an amount of Rs.24 lakhs in lieu of advance and further Rs.Six lakhs as cost of litigation...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs failed to plead specifically with details about the restriction said to have been imposed by State on registration of sale deeds relating to similar survey numbers and revenue sites - They even failed to get the sale deed executed within three months as per agreement - Even before filing a..........
Agreement to sell -- Specific performance - Mere execution of sale agreement itself is not a ground for granting relief of specific performance - Even when Court comes to conclusion that there is an agreement, Court has to see the conduct of parties while granting relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff is a condition precedent to grant relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing placed on record that plaintiff was ready and willing to perform his part of contract between 2003 to 2008 to make the balance payment of Rs.3,65,000 - Relief of specific performance rightly declined...........
Agreement to sell -- Specific performance - Long unexplained delay in not taking any reasonable steps by buyer and silence on the part of buyer in this regard while in witness box is itself sufficient to disentitle him to an equitable relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness is a condition precedent to grant the relief of specific performance...........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Agreement to sell -- Validity - L.R's of first defendant did not dispute that first defendant signed the agreement - Contention that deceased defendant was addicted to vices was never raised in the written statements and same has come by way of an afterthought in the evidence of mother of defendant - Therefore, contention rejected that suit agreement was got executed from..........
