Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - Order to deposit was to balance the equities arising from restraining defendants from dealing with their property - Even if plaintiff failed to deposit, the only consequence thereof has to be vacation of stay and not dismissal of suit for specific performance -..........
Specific Relief Act, 1963, Section 16(c), 20 -- Specific performance - Continuous readiness and willingness on the part of plaintiff is a condition precedent to grant the relief of specific performance...........
Agreement to sell -- Specific performance - Due execution of agreement and readiness and willingness once proved then equity demands enforcement of agreement rather than granting alternative relief of damages...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff proved his readiness but failed to prove his willingness - Held, decree for specific performance rightly refused...........
Agreement to sell -- Specific performance - Ready and willing - Subsequent sale - When defendant owner subsequently sold the property to subsequent purchasers, the only issue which could be adjudicated in the suit would be whether the subsequent purchasers were the bona fide purchasers for value without notice or not - After the conveyance, the question of readiness and..........
Agreement to sell -- Specific performance - Subsequent sale of property - Only consideration in the suit is whether subsequent purchasers were bona fide purchasers for value without notice or not - After conveyance question of readiness and willingness of vendee is not relevant - Subsequent purchasers failed to discharge their burden to prove that they are bona fide..........
Agreement to sell -- Suit for specific performance - Ready and willing - Entire consideration paid - Still the plaintiff being the proposed purchaser is bound to purchase stamp papers and prepare necessary preliminaries for the purpose of getting the sale deed executed and registered - To that effect there should be averments in the plaint - No semblance of averments to..........
Agreement to sell -- Specific performance - Once plaintiff seeking enforcement of contract is able to show his readiness and willingness, mere delay or laches would not justify refusal of specific performance of contract...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - No straitjacket formula can be laid down and the test of readiness and willingness of the plaintiff would depend on his overall conduct i.e. prior and subsequent to the filing of the suit which has also to be viewed in the light of the conduct of the defendant...........
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - Pleading of readiness - Absence of pleading of willingness - Plaintiff did not mention the fact of his willingness in the plaint, in the notice sent to the defendant, as well as in the application given to the Sub Registrar for recording his attendance - Finding of first appellate Court..........
