Agreement to sell -- Specific performance - Readiness and willingness - Even if defendant remains ex parte, decree would not follow automatically and plaintiff has to establish by pleadings as well as by proof that he has always ready and willing to perform his part of contract...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff miserably failed to show that he had sufficient funds at the relevant points of time - Despite specific demand made by defendant plaintiff has not come with balance money and offered/paid to defendant - Readiness and willingness on the part of plaintiff not proved - Decree for specific..........
Agreement to sell -- Specific performance - Where substantial part of sale consideration is paid when suit agreement is executed or at any time before action is brought, discretion generally ought not be exercised against granting specific performance u/s 20 of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff being agreement holder has parted with Rs.13,00,000 out of 23,00,000 and remains silent for a period of 2-1/2 years after defendant sends a reply notice stating that he is not in a position to convey good title in respect of one of items of suit property - There is absolutely no answer on..........
Agreement to sell -- Specific performance - Plea of violation of Fragmentation Act - Suit filed after repeal of Fragmentation Act - Suit can be decreed without there being any violation to law once Fragmentation Act itself had been repealed - Moreover, defendants received the full consideration and had also transferred the possession of property in question, as such other..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not produced any document to show his readiness i.e financial capacity - He has also not let any proof to show his willingness - No explanation given by plaintiff as to what transpired to wait for two long years to approach defendant for execution of sale deed after execution of agreement..........
Agreement to sell -- Specific performance - Readiness and willingness - Denial of execution of agreement by vendor/owner - S.16 of Specific Relief Act itself enjoins the purchaser to establish his readiness and willingness to perform his/her part of agreement regarding which one cannot seek any escape merely on account of denial of execution of agreement by vendor/owner...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was an agriculturalist having 14-15 acres of land and earning handsomely - Not even a suggestion to contrary was put to plaintiff in his cross-examination meaning thereby admitting the same as a matter of fact - Readiness and willingness on the part of plaintiff in order to perform his part..........
Agreement to sell -- Specific performance - Limitation - Time was not the essence of contract, therefore, first part of Art.54 of Limitation Act will not be applicable - Second part of Art.54 of Limitation Act will apply and limitation of three years starts from the date when plaintiff has notice that performance has been refused...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs were ready and willing to perform their part of the contract and they have proved the same satisfactorily - Held, plaintiff are entitled to the relief of specific performance...........
