Agreement to sell -- Specific performance - Plea that dimensions of property not mentioned in the agreement to sell - Defence of defendants was total denial of agreements of sale and they did not dispute identity of property - Moreover when notice was issued to defendants calling upon them to execute the sale deed, they did not issue any reply to the said notice denying..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Supplemental agreement executed between parties that defendants will execute agreement of sale soon after original vendor returns home and in case he did not return, within 7 years from date of his missing - Seven years period under agreement expired on 18.12.2009 - Thereafter notice was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Agreement to sell -- Specific performance - Sufficient funds to pay balance sale consideration - Proof of - Merely because balance sale consideration was deposited by plaintiff out of fund/amount received by him by selling property in the year 1993, by that itself cannot be presumed and/or inferred that at the time of execution of agreement to sell and/or thereafter even..........
Agreement to sell -- Specific performance - Refund of earnest money - Rs.26,000/- paid at the time of execution of agreement - Amount of 6,75,000/- paid subsequently - Order as to refund of Rs.7,01,000/- - No date mentioned of payment of Rs.6,75,000 either in the notice issued or in the plaint or in the affidavit of chief examination but was mentioned in the affidavit..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform his part of contract as per findings of trial Court - Overwhelming evidence to substantiate this fact is on record, more particularly notice given by plaintiff to defendant expressing that he is ready and willing to come forward for execution of sale deed -..........
Agreement to sell -- Suit for specific performance - Limitation - Date not fixed for performance of contract - Limitation begins to run from the date plaintiff has notice of refusal by defendant - No finding of Court that performance was refused - Suit not barred by limitation. (Limitation Act, 1963, Art.54)...........
Agreement to sell -- Specific performance - Service of notice and reply notice - Plaintiff did not produce postal acknowledgement in proof of service of notice to defendant - He himself admitted that he did not receive reply notice - No service effected upon defendant - Service of notice upon defendant and issuance of reply notice by defendant not proved - Suit for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Suit for specific performance - Defendant had been lackadaisical and tardy in not contesting the suit - It cannot be believed that defendant did not have knowledge of pendency of suit as before filing of the suit a legal notice under registered cover was served - Plaintiff in pursuance to..........
Agreement to sell -- Specific performance - Readiness and willingness - Preparation of two demand drafts each in sum of Rs.5 lakhs and ultimately cancellation of same on account of their no, receipt by defendant is proved on record - Witnesses appeared in the context of preparation of demand drafts and cancellation thereof - Issuance of notice by plaintiff was admitted in..........
