Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - It is incumbent upon plaintiff to establish that he has a prima facie title over suit property for claiming cancellation of gift deed...........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - Plaintiff relying upon agreement to sell which is neither executed by owner of property nor by his power of attorney but is executed by a person, who has no authority in law to enter into an agreement to sell - Even otherwise also, agreement to sell is unregistered and in absence of registration of..........
Agreement to sell -- Specific performance - Defendants admit the execution of agreement - However, it is specific case of defendants that it was given as a security towards loan transaction - No evidence led by defendant in support of said fact - Entire case of defendants that suit agreement was in respect of loan transaction fails as it is for defendants to let in..........
Agreement to sell -- Specific performance - Readiness and willingness - Suit filed after three years and when there is no communication or transaction in the meanwhile - Even in the absence of a specific time limit in agreement, it can be said that plaintiff did not show his readiness and willingness to complete the transaction within reasonable time - Relief of specific..........
Agreement to sell -- Refund of advance amount - Once it is concluded that suit agreement was entered into for sale transaction and Rs.5 lakhs is paid as advance amount and relief of specific performance was denied and there is no clause in agreement for forfeiture of advance amount, it would amount to allowing defendants to unjustly enrichment to themselves if alternative..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to show his readiness and willingness from the inception of sale agreement till the end...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness is the capacity to raise funds and willingness is mental attitude of plaintiff - Both go together and if same is not established on record, then relief of specific performance cannot be granted...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
Specific Relief Act, 1963, Section 12 -- Part performance - Plaintiff contended that at least towards advance amount, certain plots could be sold to him - Contention rejected, as payment of entire sale consideration is mandatory for part of performance of contract...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Can be granted only to a person who is in actual possession of suit property - Burden of proof lies upon plaintiff to prove that he was in actual and physical possession of suit property on the date of suit...........
