Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plaintiff wanted to execute oral agreement to sell - Suit was time barred - Plaintiff instead of filing suit for specific performance regarding so called oral agreement had simply filed suit for injunction which is not maintainable - Suit dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Court may exercise discretion in impleading a person who is a proper party upon an application by a non-party to suit for specific performance...........
Agreement to sell -- Specific performance - In a suit for specific performance, plaintiff must not only prove execution of a valid agreement but also establish her continuous readiness and willingness to perform her part of contract...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Filing of draft document i.e sale deed along with execution petition is not mandatory but merely directory - However, if decree holder chooses to file a draft document, either initially or at a later stage of execution proceedings, Court shall follow procedure U.O.21.R.34 CPC -..........
Agreement to sell -- Specific performance - Ready and willing - Once defendant asserted that plaintiff was neither ready nor willing to perform his part, plaintiff was atleast required to prove on record that he had capacity to pay balance sale consideration of more than 23 lakhs on agreed date for execution of sale deed - Plaintiff failed to bring on record any cogent..........
Agreement to sell -- Specific performance - Only 25% of total sale consideration was paid as earnest money on date of agreement to sell which cannot be held to be major part of consideration - Admittedly, possession was never delivered to plaintiff in part performance - Lower Appellate Court erred in granting discretionary relief to plaintiff decreeing suit for possession..........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness are not one but two separate elements - Readiness means capacity of buyer to perform contract, which would include financial position to pay sale consideration - Willingness refers to intention of buyer as a purchaser to perform his part of contract, which is inferred by scrutinising..........
Agreement to sell -- Specific performance - Ready and willing - Continuous readiness and willingness on the part of buyer from the date of execution of agreement to sell till the date of decree, is a condition precedent for grant of relief of specific performance...........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness of buyer to go ahead with sale of property at the time of institution of suit loses its relevance, if buyer is unable to establish that readiness and willingness has continued throughout the pendency of suit...........
