Agreement to sell -- Specific performance - Time essence of contract - Whether time is essence of contract, same has to be decided based on conduct of parties and totality of circumstances - Mere existence of forfeiture clause itself would not make time essence of contract. (Contract Act, 1872, S.55)..........
Agreement to sell -- Specific performance - Time essence of contract - Party who puts brake on performance of contract by his failure to honour his part of obligation under agreement cannot say that time was intended to be essence of contract and therefore original agreement got lapsed...........
Agreement to sell -- Specific performance - Time essence of contract - Execution of original agreement and extension agreement have been proved by plaintiff by his own evidence and also that of attestor PW2 - Nothing had been culled out from their cross-examination to doubt their evidence - Therefore, parties out of free will, mutually agreed to extend the time and..........
Agreement to sell -- Specific performance - Readiness and willingness - Letters issued by plaintiff to defendant calling upon him to come forward and execute sale deed, receipt of which admitted by defendant, flinchingly proved his readiness and willingness - Neither defendant came forward to execute sale deed nor issued suitable reply explaining his inability to execute..........
Civil Procedure Code, 1908, Section 34 -- Pre-litigation interest - Interest prior to suit is a matter of substantive law and is outside the scope of S.34 CPC - Pre-litigation interest shall be adjudicated based on agreement between parties subject to application of S.23 of Contract Act and other provisions governing the field...........
Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
Agreement to sell -- Specific performance - Limitation - Second limb of Art.54 Limitation Act - Second limb of Article 54 of Limitation Act should not be interpreted so as to prolong contract to an uncertain period, unless there is sufficient ground for it and it should be made mentioned in the contract for sale or capable of discernment from attending circumstances..........
Agreement to sell -- Execution - Proof - PW1 plaintiff, PW2 sister of plaintiff examined - Version of both of them is of interested version as such cannot be relied - PW3 scribe examined as a witness - Pen and ink used for affixing his signature and signature of DW1 are different from the pen and ink used for preparing the document and it was not properly explained by..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Of unborn child - Hindu Adoptions and Maintenance Act, 1956 does not envisage an agreement to adopt a child, who is not yet born...........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
