Agreement to sell -- Specific performance - Agreement to sell scribed on three non-judicial stamp papers having no inter se connection between the first leaf and the second and third leaf - Two stamp papers purchased from a place other than the place where property in dispute is situated - Moreover there is no explanation who is the person in whose name two stamp papers..........
Agreement to sell -- Validity - Agreement to sell is alleged to have been scribed by a professional licensed Scribe - However, he failed to produce his notebook/diary in order to prove that agreement was scribed on specific date - Decree of specific performance, set aside...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for cancellation of Will and sale deed - Petitioner is not a party to either of document challenged in suit - He claimed that he purchased a part of property through an agreement from one `A' who in turn is also stated to have entered into an agreement to sell with erstwhile owner of..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of party - When it comes to financial capacity of parties, it is not necessary that party should physically possess balance amount with him from the date of agreement to date of plaint - If it is shown that party had sufficient means to mobilize balance amount required within a..........
Agreement to sell -- Specific performance - Time essence of contract - Whether time is essence of contract, same has to be decided based on conduct of parties and totality of circumstances - Mere existence of forfeiture clause itself would not make time essence of contract. (Contract Act, 1872, S.55)..........
Agreement to sell -- Specific performance - Time essence of contract - Party who puts brake on performance of contract by his failure to honour his part of obligation under agreement cannot say that time was intended to be essence of contract and therefore original agreement got lapsed...........
Agreement to sell -- Specific performance - Time essence of contract - Execution of original agreement and extension agreement have been proved by plaintiff by his own evidence and also that of attestor PW2 - Nothing had been culled out from their cross-examination to doubt their evidence - Therefore, parties out of free will, mutually agreed to extend the time and..........
Agreement to sell -- Specific performance - Readiness and willingness - Letters issued by plaintiff to defendant calling upon him to come forward and execute sale deed, receipt of which admitted by defendant, flinchingly proved his readiness and willingness - Neither defendant came forward to execute sale deed nor issued suitable reply explaining his inability to execute..........
Civil Procedure Code, 1908, Section 34 -- Pre-litigation interest - Interest prior to suit is a matter of substantive law and is outside the scope of S.34 CPC - Pre-litigation interest shall be adjudicated based on agreement between parties subject to application of S.23 of Contract Act and other provisions governing the field...........
Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
