Agreement to sell -- Specific performance - It is discretion of Court to grant relief of specific performance, depending on facts and circumstances of each case - It is always open to Court to refuse specific performance for cogent reasons and grant relief by way of refund of earnest money. (Specific Relief Act, 1963, S.20(2)...........
Agreement to sell -- Suit decreed for refund of earnest money - In appeal thereagainst due execution of agreement and readiness and willingness not challenged - Appeal filed only qua payment of interest awarded on earnest money - Held, defendant cannot now urge that there was error on the part of first appellate Court for not re-appreciating the evidence with regard to..........
Agreement to sell -- Specific performance - Trial Court granted decree of refund of earnest money with interest @ 9% - Appellate Court reversed the decree and granted a decree of specific performance - Trial Court specifically observed that specific performance of the contract will put undue hardships upon the defendant who is agriculturist and is fully dependent on the..........
Specific Relief Act, 1963, Section 22 -- Refund of earnest money - Agreement for sale of immovable property - Deficiency in extent of property found when buyer conducted survey of property on being suspicious of artificial clause in agreement regarding buyer's/plaintiff satisfaction with extent of property - Parties agreed to execute new agreement incorporating correct..........
Agreement to sell -- Suit for specific performance - Relief of specific performance declined and alternative relief of refund of earnest money granted - Interest - Granted at the rate of 9% from the date of receipt of earnest money till payment...........
Punjab Regional and Town Planning and Development Act, 1995, Section 45(3) -- PUDA - Surrendering of plots - Refund of earnest money - Forfeiture of 10% of allotment price - Appeal against - Reduction of forfeiture amount from 10% to 5% - Validity - Held, delay in surrendering two plots did not cause any severe prejudice like financial loss to PUDA as earnest money..........
Constitution of India, 1950, Article 227 -- Haryana Urban Development (Disposal and Buildings) Regulation Act, 1978, Regl.6(2) - Allotment of commercial site - Auction - Refusal to confirm bid - Refund of earnest money - Validity - Rejection of bids of petitioners made on the ground of presence of only one bidder in respect of each sites for which bids were not eventually..........
Specific Relief Act,1963,22 -- Agreement to sell - Refund of earnest money - No such prayer made either in original plaint or in amended plaint - Held, relief cannot be granted - Plaintiff can, at best, become entitled to refund of earnest money only on surrender of possession of suit property to defendants...........
Agreement to sell -- Suit for specific performance - Suit dismissed by Courts below holding that plaintiff intentionally and without demur accepted refund of earnest money sent to him - Appeal - Acceptance of refund of earnest money not considered by Courts below in its proper perspective - Such refund accepted by plaintiff under protest, without prejudice to his rights..........
Agreement to sell -- Suit for refund of earnest money - Execution of agreement denied - This denial includes denial of alleged thumb impressions on the agreement - Testimony of scribe that he does not know the parties personally - Plaintiff failed to examine any attesting witness - Finger print expert not examined - Held, plaintiff failed to prove the identity of..........
