Agreement to sell -- Specific performance - Nothing on record to show that plaintiff has funds in his hands or was capable of generating funds for the purpose of converting sale agreement into a sale deed - Plaintiff was not willing to get sale deed and he had approached the Court with considerable delay - Readiness and willingness on the part of plaintiff not proved -..........
Agreement to sell -- Specific performance - Nothing on record to show that plaintiff has funds in his hands or was capable of generating funds for the purpose of converting sale agreement into a sale deed - Plaintiff was not willing to get sale deed and he had approached the Court with considerable delay - Readiness and willingness on the part of plaintiff not proved -..........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Family Courts Act, 1984, Section 7 -- Dissolution of Muslim marriage - Suit for declaration as to dissolution of marriage on basis of Mubarat agreement is maintainable before Family Court...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Waiver of mandatory period of one year as prescribed u/s 14 of the Act - Parties have been waiting for a divorce for 10 months and only 2 months time is left to complete the waiting period - Both the parties are unequivocally in agreement about their decision to divorce and there seems to be no..........
Agreement to sell -- Specific performance - Readiness and willingness - In order to prove readiness and willingness on the part of plaintiff he was not required to prove flash cash or deposit the amount in Court or to tender to defendant...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
