Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Agreement to sell -- Specific performance - As long as version put forth by plaintiff, even if it is false, if does not lead to any injustice, plaintiff is entitled to the relief prayed for - If falsity impinges on the essential ingredients, then only it affects the plaintiff's case...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs were ready and willing to perform their part of the contract and they have proved the same satisfactorily - Held, plaintiff are entitled to the relief of specific performance...........
Agreement to sell -- Specific performance - An equitable relief - Depends on conduct of parties...........
Agreement to sell -- Specific performance - Conduct of parties - Plaintiff chasing the defendant to execute sale deed - It is a relevant fact to grant relief of specific performance...........
Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
