Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Suit filed in the year 2005 - Amount of Rs.Ten lakhs, as per FDR, deposited in Court in the year 2012 as per directions in an order passed by the trial Court - For a long period of seven years plaintiff failed to prove that he had the financial capacity to pay the balance sale..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Admission of agreement to sell and consideration amount - However, there is serious dispute as to making payment as alleged - This dispute goes to the root of matter - Unless and until said dispute is resolved in favour of plaintiff, no decree for specific..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly requesting defendant to perform his part of contract but..........
Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts - Merely because plaintiff paid the entire sale consideration and also cleared the loan amount payable to Bank, that itself cannot be a ground to grant equitable relief to plaintiff, particularly when she suppressed the material facts from Court...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid substantial amount of Rs.1,40,000 out of sale consideration of Rs.1,80,000 - Balance amount has to be paid at the time of registration as per agreement - Under Telegraphic notice plaintiffs made clear that they were ready and willing to pay balance sale consideration - More so,..........
Civil Procedure Code, 1908, Section 148 -- Enlargement of time - Decree for specific performance - Extension of time to pay balance sale consideration - When there is no rider attached with the decree that in the event of no, deposit of the amount within stipulated period, the decree would have the affect of nullification, then Court passing the decree in its legal..........
Specific Relief Act, 1963, Section 20 -- Suit for specific performance with an alternative relief for refund of advance amount - Subject matter of appeal is confined to return of advance amount - Appellant contended that since the relief confined is only to return of money, Court fee has to paid in part i.e only for recovery of advance amount - Contention rejected, as suit..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Decree for specific performance - Extension of time for depositing balance consideration - No deliberate delay on the part of plaintiff, as application for extension of time was moved within a period of one and a half month after expiry of period of two months granted to plaintiff for deposit..........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing on record suggestive of fact that plaintiff ever expressed his readiness and willingness to defendant with regard to execution of sale deed after payment of balance amount of consideration - Save and except bald statement that plaintiff repeatedly asked defendant to get sale deed executed there..........
