Agreement to sell -- Specific performance - Readiness and willingness - There must be clear and unambiguous proof of a notice as required u/s 16(c) of Specific Relief Act and Forms 47 & 48 of Appendix A of CPC, 1908 - In the instant case plaintiff did not give any notice to defendant of execution of sale deed - Suit for specific performance fails - Defendant shall return..........
Agreement to sell -- Specific performance - Unfair advantage - Findings of unfair advantage as recorded by trial Court cannot be reversed by Appellate Court without recording cogent reasons...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - S.19(b) of the Act does not permit vendor to unilaterally terminate prior agreement of sale and to alienate property and thus, purchaser cannot be made to suffer on this account for no fault of his...........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money - Such relief can only be granted if there is prayer for such relief either at the time of filing of suit or by way of amendment - Prayer clause is a sine qua non for grant of decree of refund of earnest money. (Specific Relief Act, 1963, S.22)...........
Agreement to sell -- Specific performance - Time essence of contract - Sale agreement indicate the intention of parties to treat time bound performance as an essential condition and it was stipulated that in case sale was not executed on date of execution, sale agreements were liable to be treated as cancelled and earnest money was to be forfeited - Even in the legal..........
Agreement to sell -- Specific performance - Intention of parties in agreements spells out plaintiff's liability for obtaining required NOC - Plaintiff has led no evidence to indicate that he took any proactive steps to obtain purported NOC necessary to execute sale deed - Presence of defendants before Sub-Registrar on the date of execution is not disputed - Plaintiffs..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
Agreement to sell -- Specific performance - Defendant not coming to Court with clean hands as on one hand he pleaded that agreement is forged and fabricated document and on the other hand he sought refund of alleged balance sale consideration - Plaintiff duly proved the agreement - Suit rightly decreed in favour of plaintiff...........
Agreement to sell -- Specific performance - Limitation - Registered sale deed was to be executed on or before 10.2.1992 and condition of getting land demarcated was not the condition precedent for execution of sale deed - After execution of agreement, first notice was issued on behalf of plaintiffs in the year 2006 whereas suit has been instituted in 2012 - Suit filed..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - High Court was not right in dismissing petition by giving a finding on novation of Share Purchase Agreement between parties - Said aspect would have a bearing on merits of controversy between parties - It must be left to Arbitrator to decide on said issue also - Impugned order set aside -..........
