Agreement to sell -- Specific performance - Parties have agreed to fix three years time to complete performance of contract - If the intention of parties is to complete transaction within three years period, Court cannot substitute its own view regarding fixation of such a long period unless there is evidence to show that intention of parties was not to convey property..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has to prove his readiness and willingness to perform his part of contract throughout and establish through oral and documentary evidence...........
Agreement to sell -- Specific performance - Ready and willing - Suit filed after 5 years from the date of execution of agreement - No explanation offered by plaintiff for such period of five years - Plaintiff failed to prove his readiness and willingness to perform his part of contract throughout - Suit rightly dismissed...........
Agreement to sell -- Specific performance - Ready and willing - Prime requirement for granting specific performance is proving plaintiff's readiness and willingness to perform the contract - Readiness can be demonstrated through oral or documentary evidence, such as proof of financial capacity or availability of funds - Whereas, willingness refers to purchaser's state of..........
Agreement to sell -- Specific performance - Plaintiff was always ready and willing to perform his part of contract and same could not be performed due to default of defendants alone - Plea of defendant that value of property has increased considerably and as such granting a decree for specific performance will give unjust enrichment to plaintiff, not tenable, as breach..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
Service -- Agreement of service containing restrictive covenant - Restrictive covenant operating during subsistence of an employment contract does not put a clog on freedom of a contracting party to trade or employment...........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause violative of S.27 of Contract Act - Clause sought to impose a restriction on employees option to resign and thereby..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance...........
Agreement to sell -- Specific performance - Clause in agreement that in case vendor fails to execute sale deed, vendee would be entitled to recover double the earnest money - Merely because of existence of this default clause, plaintiff cannot be denied relief of specific performance when execution of agreement and plaintiff's readiness and willingness to perform his part..........
