Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff is a condition precedent to grant relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing placed on record that plaintiff was ready and willing to perform his part of contract between 2003 to 2008 to make the balance payment of Rs.3,65,000 - Relief of specific performance rightly declined...........
Agreement to sell -- Specific performance - Long unexplained delay in not taking any reasonable steps by buyer and silence on the part of buyer in this regard while in witness box is itself sufficient to disentitle him to an equitable relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness is a condition precedent to grant the relief of specific performance...........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Agreement to sell -- Validity - L.R's of first defendant did not dispute that first defendant signed the agreement - Contention that deceased defendant was addicted to vices was never raised in the written statements and same has come by way of an afterthought in the evidence of mother of defendant - Therefore, contention rejected that suit agreement was got executed from..........
Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Suit for specific performance - Without seeking cancellation of subsequent sale deeds - Where subsequent purchasers failed to prove that they entered into sale deed in good faith and without notice of suit agreement, in view of S.19(b) of the Act, a decree for specific performance can be passed against such..........
Agreement to sell -- Agreement for sale neither transfers the property nor creates any interest in subject matter of the agreement to the purchaser in view of S.54 of the T.P Act - Therefore, embargo created by S.154-B(1) of Zamindari Abolition Act, will apply only to the execution of sale deed and not to the execution of agreement for sale...........
