Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction directing defendants to handover vacant possession of house - Defendants were permitted to use the property in question as licensees - Defendants alleged that they are in possession of suit property under an agreement of sale purported to be executed by defendant no.3 -..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere delay in filing suit by plaintiff is no ground to conclude that plaintiff was not ready and willing to perform his part of contract...........
Agreement to sell -- Specific performance - Defendant neither in his written statement nor in his affidavit taken any plea that contract of sale was cancelled by him and earnest money was forfeited - Plea thus, raised by defendant that as reply to notice was not challenged, so plaintiff was not entitled for relief of specific performance, carries no substance...........
Agreement to sell -- Specific performance - Escalation of price - Not a ground to decline relief of specific performance...........
Agreement to sell -- Specific performance - Plea of hardship - Has to be raised in written statement - Since there is no pleading and proof that house in dispute is the only house owned by defendant, plea cannot be entertained...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid more than 50% of sale consideration - He also got issued the legal notice calling upon defendant to execute the sale deed - But defendant did not turn up - Even otherwise, defendant was not in a position to get the sale deed executed as the property was already mortgaged with..........
Agreement to sell -- Specific performance - Endorsements for extension of date of registration of sale deed - Execution of agreement to sell and receipt of earnest money not disputed by defendant - Defendant received further money and executed endorsements for extension of date of registration of sale deed - Said endorsements are duly established from the statements of PW4..........
Indian Contract Act, 1872, Section 19 -- Agreement to sell - Misrepresentation - Consent of plaintiff was based on misrepresentation of fact with respect to mortgage of house in dispute with Bank - Contract is thus, voidable at the option of plaintiff - But plaintiff never exercised the option to invalidate or repudiate the contract - Rather, plaintiff filed the suit to..........
Civil Procedure Code, 1908, Section 9, Arbitration and Conciliation Act, 1996, Section 9 -- Jurisdiction of civil Court - Trust deed - Disputes relating to trust, trustees and beneficiaries arising out of Trust Deed and Trust Act are not capable of being decided by arbitrator though private arbitration despite existence of arbitration agreement to that effect between..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Dispute as to Trust deed - Trust deed cannot be construed as an arbitration agreement despite containing an arbitration clause therein, as it does not satisfy the requirements of Ss.2(b), 2(h), 7 of the Act - Trustees or beneficiaries are only required to carry out the provisions of Trust..........
