Agreement to sell -- Specific performance - Agreement voluntarily and consciously entered by defendant - Earnest money proved - Signature on agreement admitted by defendant - Readiness and willingness of plaintiff also proved - As regards fraudulent agreement made by plaintiff, in the absence of necessary details, as required U.O.6.R.4 CPC, it cannot be said that..........
Agreement to sell -- Specific performance - Trial Court granted decree of refund of earnest money with interest @ 9% - Appellate Court reversed the decree and granted a decree of specific performance - Trial Court specifically observed that specific performance of the contract will put undue hardships upon the defendant who is agriculturist and is fully dependent on the..........
Agreement to sell -- Suit for specific performance - Relief of specific performance declined and alternative relief of refund of earnest money granted - Interest - Granted at the rate of 9% from the date of receipt of earnest money till payment...........
Agreement to sell -- Suit for specific performance - Grant of alternative relief of earnest money - Interest - Plea that offer was made to return earnest money but the same was not accepted and therefore appellant cannot claim interest - Held, unless the amount was deposited in Court, interest on earnest money is payable...........
Agreement to sell -- Specific performance - Payment of earnest money of Rs.20,00,000/- - Amount not withdrawn from Bank - Amount stated to be lying in house as father had 12 acres of land - Not acceptable - Dismissal of suit calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Transfer of Property Act, 1882, Section 53A -- Rejection of plaint - Suit for permanent injunction restraining vendor from dispossessing purchaser from suit property - Agreement of sale entered into and earnest money paid by purchaser - No claim of relief of specific performance of contract - No averment regarding..........
Agreement to sell -- Suit for specific performance - Suit dismissed by Courts below holding that plaintiff intentionally and without demur accepted refund of earnest money sent to him - Appeal - Acceptance of refund of earnest money not considered by Courts below in its proper perspective - Such refund accepted by plaintiff under protest, without prejudice to his rights..........
Agreement to sell -- Suit for specific performance - Refund of earnest money - Not claimed in the suit - However, in the relief clause it was claimed `Any other relief, which the Court deems fit be awarded' - Held, relief of refund of earnest money can be granted - Refund of earnest money ordered alongwith simple interest @ 9% per annum from the date of execution of..........
Agreement to sell -- Suit for specific performance - Proof of execution of agreement to sell - Defendant, in his own hand had written on the agreement to sell regarding payment of earnest money - Regarding plea of fraud there is no documentary or oral evidence to substantiate such Plea - Agreement to sell, held, duly proved...........
Agreement to sell -- Specific performance - Ready and willing - Earnest money of Rs.1.10 lacs paid out of sale consideration of Rs.2.25 lacs paid - Plaintiff was present in the office of Sub Registrar on the stipulated date - Held, plaintiff is ready and willing to perform his part of the contract...........
