Agreement to sell -- Specific performance - Readiness and willingness - Number of opportunities provided to plaintiff to get the sale deed executed but he did not come forward to get it executed - Further, if plaintiff was really ready and willing to perform his part of contract, he should have offered to deposit the amount straight-away in the bank either on date of..........
Agreement to sell -- Specific performance - Readiness and willingness - Once counsel for the plaintiff made a statement that plaintiff is not ready to deposit the amount and that also after the mortgage had been redeemed by defendant - Suit filed by the plaintiff for specific performance could not be decreed...........
Agreement to sell -- Specific performance - Relief of specific performance can only be granted when it is proved that a person allegedly executing an agreement to sell has right of transferring the property. (Specific Relief Act, 1963, S.20)..........
Agreement to sell -- Specific performance - Defendant denied his entitlement, right, title and interest in the suit property - Said question is necessary to be answered before decreeing the suit...........
Agreement to sell -- Specific performance - Readiness and willingness - Once defendant have questioned execution of agreement itself, then they cannot take plea of no, readiness of plaintiff to get sale deed executed...........
Agreement to sell -- Specific performance - Plea that agreement is not proved as per requirement of Evidence Act - Not sustainable as plaintiff duly proved agreement in question by examining attesting witness and scribe of agreement...........
Agreement to sell -- Specific performance - Proof of document - Plea of defendant that scribe of deed is not registered and recognized deed-writer and name of stamp vendor is not mentioned on agreement to sell - Not sustainable for purpose of proof of document as agreement can be oral as well as in writing...........
Agreement to sell -- Specific performance - Limitation - Three years - Limitation commences from the date fixed for the performance and in case no such date is fixed then, in that case, when plaintiff has notice that performance is refused. (Limitation Act, 1963, Art.54)...........
Agreement to sell -- Specific performance - Limitation - Three years - Commencement - Legal notice by plaintiff on 24.08.2007 that defendant refused performance of agreement - No averment that time for performance of agreement is extended by the parties either orally or in writing beyond 24.08.2007 - Suit filed on 12.11.2013 - Held, suit is barred by limitation...........
Agreement to sell -- Suit for specific performance - Refund of advance amount - Where money paid is part of sale price, forfeiture clause will be treated as having effect of penalty - Even in absence of a prayer for refund of advance sale amount by plaintiff, with a view to render complete justice, Court is empowered to mould relief and to issue appropriate direction to..........
