Agreement to sell -- Specific performance - Ordinarily specific performance of agreement to sell has to be granted unless it is unjust, inequitable and improper to grant specific relief under the circumstances...........
Agreement to sell -- Suit for specific performance - Proof - Agreement stated to have been executed by father of defendant in 1971 after receiving entire sale consideration - Plaintiff inducted into possession of property in 1957 by father of defendant out of love and affection - Defendant admitted possession of plaintiff - Plaintiff got constructed the house by getting..........
Adverse possession -- Possession whether permissive - Agreement to sell - Vendee put into possession - It is an acknowledgement of title of vendor which excludes the theory of adverse possession - Possession of transferee under an agreement of sale is only permissive and deemed to be on behalf of owner himself until the date of registration of sale deed...........
Agreement to sell -- Specific performance - Grant of relief of specific performance is discretionary - Such direction shall not be arbitrary but be sound and reasonable guided by judicial principles - Court may properly exercise such discretion in any case where plaintiff has done substantial acts or suffered losses in consequence of the contract...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for mandatory injunction directing defendants to execute a fresh agreement to sell in accordance with the agreement of sale and get the same registered and deliver the same to plaintiff - Ad interim injunction also sought on the plea that defendants are negotiating for selling the land in..........
Agreement to sell -- Specific performance - Plaintiff always ready and willing to perform his part of the contract - Present in the office of Sub Registrar with money - These are the surrounding circumstances which indicate an agreement of sale was entered into - Relief of specific performance cannot be denied on the ground of execution of sale deed in favour of third..........
Agreement to sell -- Specific performance - Rise in prices - Can be a consideration in favour of the defendant - However, when trial Court has decreed the suit for specific performance such factor has no relevance...........
Agreement to sell -- Specific performance - Relief of - Discretion of Court - While exercising such discretion Court has to take into consideration, the circumstances of the case, the conduct of the parties and their respective interest under the contract - Court to exercise its discretion judicially...........
Agreement to sell -- Suit for specific performance - Agreement to sell or agreement for loan - Clause in agreement as to return of earnest money before date fixed for execution of sale deed - Held, document in question is agreement to sell for the reason that : (1) Vendor altogether denying execution of agreement to sell and even stated that he never secured or borrowed..........
Agreement to sell -- Specific performance - Plea of hardship - Plea that land subject of sale agreement is the only source of livelihood - Plea not acceptable when there is no pleading in written statement that defendant did not foresee hardship by the sale of land at the time of execution of agreement to sell. (Specific Relief Act, 1963, Ss.20 & 21)...........
