Agreement to sell -- Specific performance - Agreement to sell signed by vendor alone - Not signed by one of the purchasers - Does not render the agreement surrounded by suspicion - Held, agreement is a valid agreement...........
Agreement to sell -- Specific performance - There is no mandate of law regarding requirement of a marginal witness in an agreement to sell...........
Agreement to sell -- Specific performance - Subsequent purchasers - Plea of bona fide purchaser - Where all the parties are residents or have shops in same vicinity in a small locality, it is not probable that transferee could not have come to know of execution of original agreement of sale of property - Moreover subsequent purchasers did not enter into witness box and..........
Agreement to sell -- Specific performance - Subsequent purchasers - Plea of bona fide purchaser - Unusual haste in which contract was executed and got registered shows that parties had notice of previous agreement...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiffs did not take any step during life time of vendor to get the sale deed executed and registered in their favour in pursuance of agreement to sell - There is nothing in pleadings of plaintiffs that they approached the office of Sub Registrar on last date of execution and registration of sale deed -..........
Agreement to sell -- Specific performance - Ready and willing - Pleading - It is not necessary for plaintiff to aver in the same words used in S.16(c) i.e ready and willing to perform the contract - Absence of specific words in the plaint would not result in dismissal of suit if sufficient fact and evidence are brought on record to satisfy Court the readiness and..........
Agreement to sell -- Specific performance - Ready and willing - Means that the person claiming performance has kept the contract subsisting with preparedness to fulfill his obligation and accept the performance when the time for performance arrive. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Insufficiently stamped agreement - Agreement marked exhibit without objection by opposite party - Held, opposite party cannot subsequently raise objection with regard to admissibility on the ground of insufficiency of stamp duty...........
Agreement to sell -- Specific performance - Vendor having no title or defective title - It is open for purchaser to set up such a defence - Vendor cannot set up defect in his own title as a defence in a suit for specific performance by the purchaser...........
Agreement to sell -- Specific performance - Embargo on sale of property without prior sanction of authority - Vendor can sell property and execute sale deed despite embargo because sanction can be obtained subsequent to execution of sale deed...........
