Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Principal amount under the decree already paid - Only dispute is with regard to amount of interest - Defendants are in a precarious financial position, whereas DHs have been granted relief by Court - Principal amount stands..........
Will -- Execution of Will in favour of grandson and son of plaintiff - If plaintiff had influenced his father to execute Will in favour of his son then testator could have revoked it any time later - Will not found to be tainted with any strong suspicion...........
Agreement to sell -- Specific performance - Conduct of parties - Plaintiff chasing the defendant to execute sale deed - It is a relevant fact to grant relief of specific performance...........
Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........
Agreement to sell -- Specific performance - Agreement in question was contingent upon the fact that once defendants were conferred with Bhumidari rights they would execute sale deed in favour of plaintiff - Plaintiff issued two notices after bhumidari rights were conferred upon defendants, which was not responded - Entire sale consideration was already paid - Now there is..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party objections - Execution filed against brother of petitioner - Petitioner came up for the first time in execution case with a plea that if decree is executed he would be dispossessed, as he has right, title and possession over property in question - He did not take any steps to ventilate his..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff averred and established that he sent a letter through registered post with receipt and served a legal notice through his counsel upon defendant requiring him to execute the sale deed - He also established that he kept the balance sale consideration to be paid to defendant in the shape of..........
Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
