Agreement to sell -- Ready and willing - Readiness and willingness are two different expressions - Even though S.16(c) of Specific Relief Act has used the same conjointly, yet each of them needs to be pleaded and proved independently...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Judgment of First Appellate Court - Suit for specific performance - First appellate Court had formulated a point on the issue of readiness and willingness on the part of plaintiffs and thereafter discussing the evidence on record arrived at a just finding - First Appellate Court is fully justified in formulating a point in..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has pleaded that she had already paid the entire consideration money and taken possession in pursuance of agreement - Plaintiff was not required to prove her readiness and willingness to perform his part of contract - In such circumstance, if plaintiff was not examined rather her husband and other..........
Agreement to sell -- Specific performance - Ready and willing - While readiness means the capacity of plaintiff to perform the contract which would include his financial position, willingness relates to the conduct of plaintiff...........
Agreement to sell -- Specific performance - Ready and willing - S.16(c) of Specific Relief Act bars the relief of specific performance of a contract in favour of a person who fails to aver readiness and willingness to perform his part of the contract...........
Agreement to sell -- Specific performance - Ready and willing - Earnest money paid - Additional sum above the earnest money also paid on the same day - It shows the readiness and willingness of plaintiff to perform the contract...........
Agreement to sell -- Specific performance - Plaintiff already paid 75% of the sale consideration - If the plaintiff was unwilling to perform the contract, he would not have paid such an amount - Plaintiff with the payment of additional sum above the earnest money, has proved his readiness and willingness to perform the contract - Relief of specific performance rightly..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time limit is fixed to perform part of contract by 12.12.1979 - However, no notice issued by plaintiff to defendant by expressing his readiness and willingness on or before 12.12.1979 - Admittedly, notice issued on 18.10.1982 - No evidence that defendant received said notice whatsoever..........
Agreement to sell -- Specific performance - Readiness and willingness - For relief of specific performance, plaintiff has to prove that all alone and till the final decision of suit, he was ready and willing to perform his part of contract - Mere statement or averment in the plaint for readiness sand willingness would not suffice...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract by adducing oral evidence on record - Relief of specific performance , denied - However, on considering the provision of S.22 of Specific Relief Act, alternative relief of refund of advance amount of Rs.20,000..........
