Agreement to sell -- Specific performance - Suit for possession - Counter claim of specific Performance - Readiness and willingness - Agreement execute in 1974 - No endeavour on part of defendants to have agreement performed till filing of counter claim regarding specific performance in 1985 - No evidence on record that defendants had at any time approached plaintiff..........
Agreement to sell -- Specific performance - Owner of property a private limited company - Agreement to sell by one of the Directors of company - As per articles of association of company, to sell property of company, a decision of Board of Directors was required which is absent in the instant case - Held, it may not be proper to direct specific performance of such an..........
Agreement to sell -- Specific performance - Provisions of Specific Relief Act do not bar filing of a suit for specific performance based on oral agreement...........
Service -- Compassionate appointment - Compassionate appointment is governed by bipartite Agreement - Agreement specifically gives option to female dependent either to accept monetary compensation or employment - No option is reserved to employer, but an option is given to employee - Request for employment by appellant, as rejected by employer is thus, erroneous - However,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54, Easements Act, 1882, Section 8 -- Right of way - Creation in favour of plaintiff and thus easementary right given to plaintiff - Agreement granting easementary right does not require registration as there is no transfer of ownership as contemplated by S.54 of Transfer of Property Act and only a..........
Agreement to sell -- Specific performance - Proof of execution of agreement - No requirement of law that an agreement to sell has be proved by examining deed writer - By examining attesting witnesses of the agreement to sell, onus to prove agreement is discharged...........
Agreement to sell -- Specific performance - Proof of execution of agreement - Non examination of stamp vendor - Does not cause any kind of doubt regarding due and valid execution of agreement to sell...........
Agreement to sell -- Specific performance - Agreement o sell house - Vendor cannot be permitted to take a plea that house is the only residential accommodation for the entire family - Moreover, complete denial of agreement to sell shows a malafide intention to fleece money and thereafter to take such frivolous plea...........
Agreement to sell -- Specific performance - Plaintiff by his conduct of taking adjournments after adjournments for leading evidence, has abundantly demonstrated of his being not ready and willing for performance of their part of the contract...........
