Agreement to sell -- Specific performance - Any delay on the part of plaintiff is fatal to suit...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff not only `aver' but must also prove in order to get out of teeth of S.16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff not only `aver' but must also prove in order to get out of teeth of S.16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Nothing on record to show that plaintiff has funds in his hands or was capable of generating funds for the purpose of converting sale agreement into a sale deed - Plaintiff was not willing to get sale deed and he had approached the Court with considerable delay - Readiness and willingness on the part of plaintiff not proved -..........
Agreement to sell -- Specific performance - Nothing on record to show that plaintiff has funds in his hands or was capable of generating funds for the purpose of converting sale agreement into a sale deed - Plaintiff was not willing to get sale deed and he had approached the Court with considerable delay - Readiness and willingness on the part of plaintiff not proved -..........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is seeking injunction against true owner, as neither possession of plaintiff recorded in revenue records nor he claimed any title in suit land - He has not even made any attempt to identify the extent or boundaries of land which he claims to be in his possession - Merely on the basis of..........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - Marriage between parents of plaintiff during subsistence of previous marriage can be a matter of presumption - However, by operation of S.16(1) of the Act, children born in second marriage become legitimate and entitled to property of father...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
