Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - Without claiming title against third parties is maintainable...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Gramanatham land - In a suit for injunction a person in settled possession is entitled to protection against private individuals - Only the Government may question title over Gramanatham land, not private strangers without any supporting authority...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Injunction can be granted to protect possession of a person who is in settled or lawful possession against any person disturbing possession, except the true owner...........
Agreement to sell -- Specific performance - Refund of earnest money - Can be granted only where a valid and enforceable agreement of sale is established and plaintiff proves readiness, willingness and entitlement to relief...........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
Agreement to sell -- Specific performance - Refund of earnest money - S.22(2) of SRA expressly bars grant of refund of earnest money unless such relief is specifically claimed. (Specific Relief Act, 1963, S.22(2)..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff was negligent, inactive and lacked continuous readiness and willingness to perform contract within the agreed period - Unexplained delay between agreement and notice, coupled with absence of any contemporaneous act evidencing readiness and willingness, supports refusal of relief - Relief of specific..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Power to extend time granted in decree for performance of its conditions can be extended on such terms as Court may deem fit - However, non-grant of extension of time cannot be the end of transaction...........
