Agreement to sell -- Specific performance - Plaintiff entering into agreement with defendant No.1 & 2 despite having knowledge of share of defendant No.3 & 4 in the property - Plaintiff is not entitled to the relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness is sine qua non for obtaining decree for specific performance of contract as required u/s 16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness of parties to perform their part of contract will have to be adjudged in the context of agreement executed between the parties...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that cheque was given by him to defendant for part payment - However, it was deliberately not stated that on which date it was given to defendant - Even copy of said cheque has not been placed on record - Alleged cheque was tendered by plaintiff which was in possession of defendant..........
Agreement to sell -- Specific performance - Written agreement to sell can be revoked by an oral agreement - There is no statutory provision which debars a party from subsequently entering into an oral agreement...........
Agreement to sell -- Specific performance - Revoking written agreement by an oral agreement - Parties are brothers - Plaintiff himself admits of a settlement between the parties - Plaintiff did not take any action for a period of 16-1/2 years - An inference drawn that parties by oral agreement resolved their dispute - There is no statutory provision which debars a party..........
Agreement to sell -- Specific performance - Grant of decree for refund of amount paid alongwith interest @ 6% per annum by holding that equity does not lie in favour of plaintiff since possession of land in question was never transferred to plaintiff - Two Courts below have exercised discretion in declining the decree of specific performance - No interference warranted...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Consumer Protection Act, 1986, Section 12, 2(e), 24A -- Agreement to sell - Specific performance - Limitation - Cause of action - Limitation to file consumer complaint accrues when vendor failed to execute Deed of Conveyance despite receiving notice from the vendee - Cause of action thus accrued for the purpose of complaint only after the expiry of period of notice...........
Consumer Protection Act, 1986, Section 12 -- Agreement to sell - Specific performance - Ready and willing - Nothing substantial was to be performed on the part of vendees - Rather essential part of performance was only the burden of vendor which he failed to discharge - Vendor received major part of sale consideration - Payments made to vendor included substantial amount..........
