Agreement to sell -- Suit decreed for refund of earnest money - In appeal thereagainst due execution of agreement and readiness and willingness not challenged - Appeal filed only qua payment of interest awarded on earnest money - Held, defendant cannot now urge that there was error on the part of first appellate Court for not re-appreciating the evidence with regard to..........
Delhi Rent Control Act,1958 -- Ejectment - Lease agreement - Tenant had taken disputed premises as far back as in February, 1981 at the then rent of Rs.2,091/- per month for a period of three years with right of renewal of lease for a further period of three years on enhancement of rent by 15% over last paid rent - Tenant continued in occupation of premises for 32 years..........
Rent and Eviction -- Failure to vacate - Damages - If a tenant agrees to pay rent for the period after the expiry of the term of lease, even if at an astronomical rate, it is bound thereby - There is no bar to a prospective tenant agreeing to pay rent at rates which may be far above the rates prevalent in the market and if it does so, it is bound by the said agreement...........
Agreement to sell -- Recovery of double of earnest money - Absence of pleading and proof of having suffered loss on account of breach by vendor - In absence of any loss whatsoever, an aggrieved party cannot claim that it is still entitled to liquidated damages without at least proving a semblance of loss...........
Agreement to sell -- Specific performance - Agreement voluntarily and consciously entered by defendant - Earnest money proved - Signature on agreement admitted by defendant - Readiness and willingness of plaintiff also proved - As regards fraudulent agreement made by plaintiff, in the absence of necessary details, as required U.O.6.R.4 CPC, it cannot be said that..........
Agreement to sell -- Specific performance - Execution of document - Scribe - Only because scribe had not prepared or scribed any similar document in past, it would not by itself create a doubt about role played by him as scribe...........
Agreement to sell -- Specific performance - Inadequacy of consideration - No ground to refuse relief of specific performance...........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness has to be analysed on the basis of conduct of parties, attendant circumstances and also evidence on record...........
Agreement to sell -- Specific performance - Ready and willing - Payment of huge sum as advance money shows readiness and willingness on part of plaintiff to perform his part of contract - Decree of specific performance, upheld...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Applicant/vendor and respondent No.2 entered into an agreement to sell certain properties - Undertaking given by counsel for applicant before High Court that applicant shall repay whole earnest money to respondent No.2 - Non-compliance of said undertaking - Held, prima facie dispute between parties was..........
