Agreement to sell -- Specific performance - Nothing on record to show that plaintiff has funds in his hands or was capable of generating funds for the purpose of converting sale agreement into a sale deed - Plaintiff was not willing to get sale deed and he had approached the Court with considerable delay - Readiness and willingness on the part of plaintiff not proved -..........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Notice was issued in the year 1996 calling upon defendant to execute necessary deeds of sale - No such deed of sale has been executed by defendant and consequently, said inaction would have to be treated as a refusal - Limitation would have to be calculated as having commenced from the year 1996 and..........
Agreement to sell -- No title accrues in favour of plaintiff by way of agreement to sell, as transfer of property by way of sale can only be by a deed of conveyance...........
Agreement to sell -- Specific performance - Previous sanction before conveyance - Conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with S.17 of Registration Act - Till then there is no conveyance - Therefore, there is no bar to enter into an agreement to sell without previous sanction. (Maharashtra Land Revenue Act,..........
Agreement to sell -- Specific performance - Time was not essence of contract - Agreement was executed on 6 March 2012 - Condition of execution of sale deed within three months from the date of execution was incorporated in the agreement - However in bracket it specified the date 6 July 2012 - There is some inconsistency, as period of three months would come to an end on 6..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiffs in one way pleaded that consideration amount was passed and also that deceased sought to enforce the agreement for re-conveyance - Therefore, instead of seeking relief based on such re-conveyance deed, an untenable relief of declaration..........
Agreement to sell -- Specific performance - Time was not essence of contract - Suit filed after a long gap of 33 years from date of execution of agreement to sell - No effort was ever made by plaintiff to get sale deed executed in her favour - When plaintiff failed to file suit for specific performance within reasonable time from the date of execution of agreement and..........
Agreement to sell -- Specific performance - Further sale of property much prior to issuance of legal notice and institution of suit in favour of appellant No.7 - No relief sought for cancellation of such sale deed - Suit for specific performance is not maintainable...........
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..........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A of the Act - Agreement to sell - Un-registered agreement was entered into in between defendant and original owner - Though defendant was put in possession but he failed to pay balance sale consideration and as such no sale deed was executed in his favour - Defendant not entitled to have protection u/s 53-A..........
