Agreement to sell -- Specific performance - Suit for specific performance can be filed for enforcing an oral agreement - However, when specific performance is sought on the basis of written agreement and such document is marked in evidence then trial Court is required to appreciate such document...........
Agreement to sell -- Specific performance - When written agreement of sale relied upon by plaintiff has not been marked in evidence, question of appreciating any other averments made in plaint or in the written statement as the admission or otherwise would not arise...........
Agreement to sell -- Specific performance - Defendant though admitted execution of agreement but categorically stated that plaintiff has not complied with the agreement of sale and terms thereof - It cannot be said that there is a clear and categorical admission on the part of defendants regarding agreement of sale and terms thereof - More so, agreement in question is not..........
Indian Penal Code, 1860, Section 498A, 406, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Specific and categoric roles are attributed to each accused independently and collectively - Sole aim of accused appears to be to extort money from complainant and her parents, as even after driving her out of matrimonial home, they have..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff leased out the suit property to defendant no.1 and also empowered him to lease out the same to second defendant for the purpose of putting up a retail outlet - No case is made out that defendants intended to sub-lease the suit property to any other third party - While the plaintiff consented for..........
Agreement to sell -- Specific performance - Plea of joint ownership - Defendants admitted the execution of a contract of sale in written statement which is signed by defendant no.2 later on - No documentary evidence is produced on record to show that they are entitled to share in the suit property by succession - Merely stating that it is ancestral property of father is..........
Agreement to sell -- Specific performance - Plaintiff has to stand on his own legs to establish that he has made out case for grant of relief of specific performance of contract...........
Agreement to sell -- Specific performance - Pleadings in a suit for specific performance have to be very direct, specific and accurate...........
Agreement to sell -- Specific performance - Readiness and willingness - To be pleaded and proved by plaintiff in a suit for specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
