Agreement to sell -- Specific performance - Mere execution of sale agreement itself is not a ground for granting relief of specific performance - Even when Court comes to conclusion that there is an agreement, Court has to see the conduct of parties while granting relief of specific performance...........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Suit for specific performance - Without seeking cancellation of subsequent sale deeds - Where subsequent purchasers failed to prove that they entered into sale deed in good faith and without notice of suit agreement, in view of S.19(b) of the Act, a decree for specific performance can be passed against such..........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Agreement to sell -- Specific performance - Execution of agreement to sell not disputed - Defendant categorically admitted that in sale agreement, sale consideration is fixed as Rs.2,55,000 - When such admission is unequivocal, very contention of defendant that it is only a loan transaction and document is executed as security document cannot be accepted...........
Agreement to sell -- Specific performance - Defendant categorically admitted the very execution of sale agreement - Defence set up by defendant that it was a loan transaction and not sale agreement has not been substantiated by producing any document and none of witnesses were examined - Suit rightly decreed in favour of plaintiff...........
Agreement to sell -- Specific performance - Agreement in question is executed only for security for the purpose of money transaction between parties - Court below rightly held that sale agreement is never intended to be sale agreement as per answer elicited from cross-examination of PW1 - Relief of specific performance rightly denied - However, since defendant received an..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant offered to get sale deed executed in favour of plaintiff - Plaintiff in such circumstances, was required to take steps to honour the agreement - However, plaintiff did not take any step for more than one year - Plaintiff thus, was not ready and willing to perform his part of contract -..........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
