Agreement to sell -- Specific performance - Equitable relief - Execution of contract made subject to satisfactory survey which is binding obligation upon seller - However, seller failed to perform his part of obligation to satisfaction of buyer - Buyer on other hand was ready and willing to perform his part of contract - Moreover, it is seller who always tried to wriggle..........
Agreement to sell -- Specific performance - Time essence of contract - Whether time is essence of contract will depend on facts and circumstances of each case - In instant case, after taking into consideration terms of contract, conduct of parties and other material placed on record, contention of seller that time is essence of contract is negated. (Contract Act, 1872,..........
Agreement to sell -- Specific performance - Ready and willing - Unequivocal repudiation of agreement - Suit filed one year and eleven months thereafter - No prudent person would stay quiet for such a period if he is really interested in going ahead with the sale transaction - The only inference which can be drawn is that plaintiff was not ready and willing throughout to..........
Agreement to sell -- Specific performance - Defendant No.1 sold the property to Defendant No.2 who thereafter sold the property to defendant No.3 before filing of the suit for specific performance - Plaintiff did not ask for their cancellation - It stands in the way of a decree of specific performance - Suit rightly dismissed...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - An ostensible sale with transfer of possession and ownership but containing a clause for re-conveyance in accordance with S.58(c) of the Act, would clothe the agreement as a mortgage by conditional sale...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Agreement though styled as a sale deed for a consideration of Rs.700 but an ostensible sale containing a clause for re-conveyance - Language used in agreement conveys that plaintiff did not intend to relinquish right, title and claims to his lands -..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Escalation - Fluctuation of market rates not a sufficient ground to entertain a claim for escalation as per rates executed in the agreement - However, Arbitrator arrived at the conclusion that escalation of rates in question was based on statutory notification issued by Central..........
Transfer of Property Act, 1882, Section 54, 55, 53A -- U, registered agreement to sell - Does not meet the requirements of Ss.54, 55 of the Act - However, same can only be used as a defence in proceedings initiated by transferor or by any person claiming under him with respect to S.53-A of the Act...........
Agreement to sell -- Specific performance - Agreement shrouded in mystery - Money taken for treatment as vendee was serious ill at that time - Land could not have been sold for a paltry sum - Suit filed after six years of execution of agreement even when substantial consideration was paid which shows that agreement was for obtaining money for treatment - Otherwise also..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never surfaced either in a Court..........
