Agreement to sell -- Suit for specific performance - Ready and willing - Proof - Version of the vendee about his readiness and willingness to perform his part of the agreement cannot be disbelieved particualry when vendor even denied the execution of the agreement and receipt of earnest money, which is duly proved by vendee...........
Specific Relief Act, 1963, Section 12, 10 -- Specific performance of agreement to sell - Execution of agreements and receipt of earnest money by defendant - Part of land purchased by defendant's father and remaining land purchased by defendant and his brothers in their own names - No evidence to show that land purchased by defendant and his brothers from income of joint..........
Agreement to sell -- Suit for specific performance - As per terms of agreement it has to be performed by a certain date - Agreement stood cancelled as it could not be performed by a specific date - Defendants informed plaintiff by a registered letter at its usual address - Letter returned unserved with endorsement that factory was under lock out - By return of letter a..........
Agreement to sell -- Specific performance - Suit for - Oral agreement to sell - Day and date of such agreement not specified - Claim of plaintiff that he was put into possession without executing any document and without paying any advance also not proved - Merely because owner admitted receipt of some money but on different account, it would not shift burden of proof on..........
Agreement to sell -- Suit for specific performance - Rs.5000/- paid as advance before execution of agreement to sell and Rs.10, 000/- at the time of registration of agreement - Receipt of Rs.5, 000/- not produced as it was torn - Held, when there is endorsement of Sub Registrar regarding the admission of receipt of Rs.5, 000/- in advance therefore the fact that receipt of..........
Agreement to sell -- Suit for specific performance - Issue whether agreement to sell had come to an end - Plaintiff had paid 50% of the sale consideration at the time of execution and balance 50% amount was payable after seller's intimation to them by registered post about receipt of NOC and ITC - Besides this defendant had to pay of all dues and taxes to convey a valid..........
Agreement to sell -- Suit for specific performance - Receipt and agreement written on simple papers in simple language - Receipt not bearing signature of purchaser - Handwriting expert's opinion that disputed signature was not of defendant No.1 - He also pointed out that receipt was not written in one continuous operation with same pen and ink - Plaintiff failed to..........
Agreement to sell -- Suit for specific performance - Entire sale consideration paid at the time of agreement and possession also delivered - Notice demanding execution and registration of sale deed sent on getting knowledge of subsequent illegal agreement - Receipt of notice refused by defendant - Plaintiff has shown that he was always ready and willing to perform his part..........
Pronote -- Agreement to sell - Pronote and receipt executed - Subsequently agreement executed that in default of payment he would have no objection to the sale of land in favour of plaintiff - Pronote and receipt cannot be said to be superseded or nullified by agreement - The agreement was also intended to be a security for repayment of the loan at the first instance but..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Alternative relief - Discretion of plaintiff - Defendant borrowed money, executed a pronote and acknowledged receipt of amount - Also executed agreement that in the event of default of payment no objection to sale of land in favour of plaintiff - Suit for recovery of money decreed - Plea that only suit for specific performance..........
