Agreement to sell -- Specific performance - Readiness and willingness - In a suit for specific performance of a contract, it is necessary for purchaser to show that he was ready and willing to fulfill terms of agreement, that he had not abandoned the contract and that he had kept the contract subsisting...........
Agreement to sell -- Specific performance - Sale agreement not necessarily to be attested by witnesses...........
Agreement to sell -- Specific performance - Mere escalation of land prices after date of filing of suit cannot be sole ground to deny specific performance...........
Agreement to sell -- Specific performance - Plaintiff has not given details of funds in her possession or manner in which she intended to raise them in the plaint - Those aspects are matters of evidence, which as per O.6.R.1 CPC need not be pleaded...........
Agreement to sell -- Specific performance - Readiness and willingness - There is no specific denial or for that matter any denial of case of plaintiff that she was/is always ready and willing to perform her part of contract - In absence of specific denial as contemplated U.O.8.R.5 CPC, it would amount to admission - Plaintiff has let in evidence of PWs 1 & 2 who supports..........
Agreement to sell -- Specific performance - Court dealing with a suit for specific performance of an agreement for sale can impose, having regard to delay in judicial process and consequential escalation of price of property any reasonable condition including payment of an additional amount by one party to other while granting or refusing a decree for specific..........
Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Absence of specific denial of fact - Said fact shall be taken to be admitted - Admission itself being proof, no other proof is necessary...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of subsequent agreement holder - Plaintiff opposed to such application - Plaintiff who is dominus litis, cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of rule of law - Application rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Suit property could not be identified by Commissioner or surveyor - In absence of a clear identification of suit property, suit for declaration and injunction rightly dismissed...........
