Agreement to sell -- Specific performance - Defendant received entire sale consideration - Responsibility to get sale deed registered was on defendants - Plaintiff has proved that she had made a request to defendants to get sale deed registered and executed in her favour - She also proved her possession over suit property as purchaser - Suit rightly decreed in favour of..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was present before Sub-Registrar office with remaining amount but defendant did not come to office of Sub Registrar for registration of sale deed - There is no contrary evidence to this effect - Plaintiff was ready and willing to perform her part of contract as per agreement to sell - Suit..........
Agreement to sell -- Specific performance - Joint property - Agreement executed by defendant and his brother and accepted earnest money jointly - Acceptance of part of sale consideration by one of them subsequently - Cannot be said to be in that person's individual capacity - It will bind both of them - They two are not separate legal entities - No overt act on part of..........
Agreement to sell -- Specific performance - Earlier ex parte decree granted in favour of plaintiff set aside - Defendant no.2 was impleaded as party on account of subsequent sale deed but defendants had not contested the case - Trial Court again proceeded ex parte against defendants and cancelled the sale deed executed in favour of defendant no.2 and directed specific..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Suit is at the stage of recording of evidence of defendant - Relief of specific performance was sought in counter claim by way of amendment - Application for amendment filed after almost 5 years from filing of counter claim - No plausible explanation given by defendant for not claiming relief of..........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
Agreement to sell -- Specific performance - Readiness and willingness - There must be clear and unambiguous proof of a notice as required u/s 16(c) of Specific Relief Act and Forms 47 & 48 of Appendix A of CPC, 1908 - In the instant case plaintiff did not give any notice to defendant of execution of sale deed - Suit for specific performance fails - Defendant shall return..........
Agreement to sell -- Specific performance - Time essence of contract - Sale agreement indicate the intention of parties to treat time bound performance as an essential condition and it was stipulated that in case sale was not executed on date of execution, sale agreements were liable to be treated as cancelled and earnest money was to be forfeited - Even in the legal..........
Agreement to sell -- Specific performance - Defendant not coming to Court with clean hands as on one hand he pleaded that agreement is forged and fabricated document and on the other hand he sought refund of alleged balance sale consideration - Plaintiff duly proved the agreement - Suit rightly decreed in favour of plaintiff...........
Agreement to sell -- Specific performance - Limitation - Registered sale deed was to be executed on or before 10.2.1992 and condition of getting land demarcated was not the condition precedent for execution of sale deed - After execution of agreement, first notice was issued on behalf of plaintiffs in the year 2006 whereas suit has been instituted in 2012 - Suit filed..........
