Agreement to sell -- Specific performance - Ready and willing - It is not necessary for a purchaser to keep the balance sale consideration either in cash or in bank account - It is sufficient, if it is proved that purchaser is capable to raise the balance sale consideration when time for performance of agreement of sale arrives...........
Agreement to sell -- Specific performance - Fact of deposit of title deed in bank not disclosed in agreement - Even after receiving considerable sale consideration defendant has not cleared the dues with the bank - On the contrary, defendant entered into an agreement for sale with another person - Thus defendant was not ready with the original title deed and property is..........
Agreement to sell -- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to defendant by plaintiff - However, defendant denied the said..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Defendant failed to discharge the burden of proving readiness and willingness on his part to perform the contract by making payment of balance amount of consideration either on the date agreed for execution of sale deed or thereafter till filing of suit - Provision of S.53-A of the Act..........
Agreement to sell -- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff had already paid more than 50% of sale consideration to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In the instant case, accused issued two cheques on failure to execute sale deed - However, accused denying transaction of agreement of sale and stating that cheques issued as security for loan transaction - Material on record shows that amount of Rs.1,50,000/- paid by complainant to accused person, but..........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - A purchaser of immovable property who has been put into possession of property pursuant to agreement for sale is entitled to seek protection in respect of his possession in that capacity only if the agreement is sufficiently stamped and registered...........
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,..........
Agreement to sell -- Does not require registration particularly for the purpose of suit for specific performance - An agreement for sale, be it oral or written, is capable of being performed specifically, provided existence of such agreement is proved and agreement is found to be legal, valid and enforceable and party who is seeking enforcement is found to be ready and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Execution of agreement for sale between parties not disputed - Suit property was sold twice - If interim injunction is not granted, suit property may be transferred further and there would be every possibility of multiplication of proceedings - Moreover, nature and..........
