Agreement to sell -- It is not essential for the plaintiff to actually tender or deposit the money - All that is necessary is that the plaintiff should show that he has capacity to make the payment. (Specific Relief Act, 1963, S.16(c)...........
Specific Relief Act, 1963, Section 28 -- Suit for specific performance decreed - Decree holder failing to deposit the amount -Failure to deposit need not result in the recession of the contract...........
Agreement to sell -- Subsequent transferee - Held, an agreement to sell cannot be enforced against a subsequent transferee for consideration and without notice. (Specific Relief Act, 1963, S.19)..........
Civil procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed - Such a suit would not bar subsequent suit for specific performance...........
Specific Relief Act, 1963, Section 16 -- Ready & willing - Plaintiff has not only to aver that he is ready and willing to perform his part of the contract from the date of contract to the time of hearing the suit, but has also to prove the same - Readiness & Willingness must be in relation to the real agreement between parties - Absence of readiness & Willingness to..........
Agreement to sell -- Consideration on low side - Not a reason to decline relief of specific performance...........
Agreement to sell -- Suit for specific performance - House - Ground of hardship to vendor - Vendor staying in house - Hardship is not one falling under C1.(b) of S.20(2) Specific Relief Act - Exercise of discretion not to enforce agreement - Not warranted. (Specific Relief Act, 1963 S.20(2)(b)...........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 9 -- Suit for declaration of marital relationship - Not a proceeding u/s.24 of Hindu Marriage Act, 1955, S.24)...........
Agreement to sell -- Suit for specific performance - Where the fact of being ready with the amount is not proved the plaintiff cannot be given the relief of specific performance...........
Agreement to sell -- Suit for specific performance - It is incumbent on the plaintiff to plead that he was willing to perform his part of the agreement, that the defendant has refused to perform and that the plaintiff had tendered the money to the defendant meeting out the requirement of Form 48 of the First Schedule of Civil Procedure Code. (Specific Relief Act, 1963, S.9..........
