Agreement to sell -- Specific performance - Readiness and willingness - Refund of earnest money - Non deposit of balance of sale consideration in Court by plaintiff - It is not essential for plaintiff to tender money or deposit the same into Court but it is for plaintiff to show that he is having financial capacity at all relevant times to raise balance sale consideration..........
Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid substantial amount of Rs.1,40,000 out of sale consideration of Rs.1,80,000 - Balance amount has to be paid at the time of registration as per agreement - Under Telegraphic notice plaintiffs made clear that they were ready and willing to pay balance sale consideration - More so,..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Specific performance - Non deposit of balance sale consideration within time - Decree is not executable by making payment of interest even when J.D. has not sought rescission of contract...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Specific performance - Extension of time to deposit balance sale consideration - There is no automatic extension of time merely because recession of contract is not sought by JD...........
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration is not mandatory - Mere filing of suit after three years of oral agreement, without depositing any money in Court clearly establish that plaintiff was never ready and willing to perform his part of contract...........
Civil Procedure Code, 1908, Section 148 -- Enlargement of time - Decree for specific performance - Extension of time to pay balance sale consideration - When there is no rider attached with the decree that in the event of no, deposit of the amount within stipulated period, the decree would have the affect of nullification, then Court passing the decree in its legal..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Deposit of balance sale consideration amount in High Court - Objection that deposit in High Court cannot be treated as deposit of balance amount, is not liable to be accepted as High Court itself has directed the decree holder to deposit the balance amount...........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Extension of time to deposit balance sale amount - S.28 of Act specifically provides that even if there is some time granted by Court for payment of balance sale consideration in a decree for specific performance, time can be extended - Only on failure to comply with the same an application u/s 28 of Act is..........
Specific Relief Act, 1963, Section 28(1) -- Extension of time - Deposit of balance sale consideration - Suit for specific performance decreed in favour of purchaser with direction to deposit the balance sale amount within one month failing which suit would be deemed to be dismissed - Purchaser failed to deposit the amount within the said period and further two months time..........
