Agreement to sell -- Specific performance - Readiness and willingness - Finding of readiness and willingness of plaintiff is necessarily a finding of the fact which has to be rendered by Court on the basis of nature of agreement and evidence and material on record in the context of readiness of parties...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied the execution of agreement - However, plaintiff has duly proved the agreement - Neither averment in written statement that plaintiff was not ready and willing to perform his part of contract nor there was any suggestion to that effect in the cross-examination of plaintiff - Plaintiff..........
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 - Mere presence of plaintiff before Sub-Registrar would be of no avail when it is not proved that plaintiff was ready with money - Absence of defendant on that occasion cannot be put against him...........
Agreement to sell -- Specific performance - Readiness and willingness - It is not enough for plaintiff to be merely willing to complete transaction but he must also exhibit readiness coupled with said willingness to satisfy Court that he had wherewithal to pay balance sale consideration and he was willing to go ahead and pay same and complete sale transaction - Unless both..........
Agreement to sell -- Specific performance - Readiness and willingness - S.16 of Specific Relief Act is a personal bar to relief - Even if it is accepted that conduct of defendant is also material but first and foremost it is for plaintiff to establish that he was ready and willing to perform his obligations...........
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 - Readiness and willingness - Decree for specific performance is equitable and discretionary relief which does not depend on the conduct of defendant, but, primarily, rests on the conduct of plaintiff because S.16 of Specific Relief Act is a personal bar to relief, which in effect, bars relief of specific performance of a contract..........
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..........
