Agreement to sell -- Specific performance - Readiness and willingness - It is not enough for plaintiff to be merely willing to complete transaction but he must also exhibit readiness coupled with said willingness to satisfy Court that he had wherewithal to pay balance sale consideration and he was willing to go ahead and pay same and complete sale transaction - Unless both..........
Agreement to sell -- Specific performance - Readiness and willingness - S.16 of Specific Relief Act is a personal bar to relief - Even if it is accepted that conduct of defendant is also material but first and foremost it is for plaintiff to establish that he was ready and willing to perform his obligations...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff miserably failed to show that he had sufficient funds at the relevant points of time - Despite specific demand made by defendant plaintiff has not come with balance money and offered/paid to defendant - Readiness and willingness on the part of plaintiff not proved - Decree for specific..........
Agreement to sell -- Specific performance - Where substantial part of sale consideration is paid when suit agreement is executed or at any time before action is brought, discretion generally ought not be exercised against granting specific performance u/s 20 of Specific Relief Act...........
Evidence Act, 1872, Section 91, 92 -- Oral evidence to contradict contents of document - Agreement to sell - Parties ought to be bound by terms of written deed or contract and it is only in most extraordinary circumstances, suggesting a sham transaction or an entirely different one from which had been scripted in contract or deed, that oral evidence may be considered..........
Will -- Joint Will or mutual Will - Will executed by parents of defendant in favour of their children - Beneficiaries are not the testator themselves - Will in question is a joint Will - Surviving spouse i.e mother of defendant had only a limited right in the property and not an absolute right to deal with the property - Defendant thus, cannot wriggle out of his..........
Agreement to sell -- Specific performance - Readiness and willingness - Decree for specific performance is equitable and discretionary relief which does not depend on the conduct of defendant, but, primarily, rests on the conduct of plaintiff because S.16 of Specific Relief Act is a personal bar to relief, which in effect, bars relief of specific performance of a contract..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff being agreement holder has parted with Rs.13,00,000 out of 23,00,000 and remains silent for a period of 2-1/2 years after defendant sends a reply notice stating that he is not in a position to convey good title in respect of one of items of suit property - There is absolutely no answer on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be ground to reject plaint U.O.7.R.11 CPC - Merits of such pleas are to be adjudicated by trial Court after conducting a trial...........
Agreement to sell -- Agreement to sell or an agreement of re-conveyance - Specific performance - It is implicit that plaintiff has to accept the title of defendant...........
