Agreement to sell -- Suit for specific performance - Vendee always ready and willing to perform his part of contract and even agreed to pay additional amount demanded by the vendor - Breach of contract - Decree for specific performance of agreement is only relief when vendor has failed to establish that vendee can be suitably compensated by way of liquidated damages...........
Agreement to sell -- Suit for specific performance - Ready & willing - Plea that the plaintiffs were not ready and willing to perform their part of the contract is not available to the subsequent vendees...........
Agreement to sell -- Suit for specific performance - Subsequent purchasers without notice of the previous agreement - Plaintiffs and vendors brothers interse - All the parties belonged to a village which is small - Sarpanch attested both the documents - It cannot be presumed that the Sarpanch had not informed the subsequent vendees of the earlier agreement to sell...........
Agreement to sell -- Suit for specific performance - Ready & Willing - Payment of balance sale consideration - Defendant not obtaining Income-tax clearance certificate - Held, District Judge rightly held that question of payment of balance amount did not arise...........
Agreement to sell -- Suit for specific performance - Jurisdiction of court to pass a decree of specific performance is discretionary and this discretion is to be exercised on sound and reasonable grounds guided by the judicial principles - The jurisdiction cannot be curtailed or taken away by merely fixing a sum as damages...........
Agreement to sell -- Suit for specific performance - Ready & willing - Payment of balance sale consideration - Not necessary to carry balance amount in pocket - Registered notice to execute sale deed - Defendant failed to perform his part of contract - Decree for specific performance affirmed...........
Agreement to sell -- Suit for specific performance - Plaintiff by her notice sought to put an end to the agreement and made an allegation of fraud having been committed on her in entering into the agreement - As the plaintiff herself resiled from the contract before filing the sit to plaintiff is not entitled to relief of specific performance...........
Agreement to sell -- Suit for specific performance - Ready & willing - Major portion of sale amount already paid and a small fraction lying in balance - In such a situation it cannot be said that plaintiff is not ready and willing to perform his part of the contract...........
Agreement to sell -- Suit for specific performance - A party failing to perform the contract - Court is not bound to grant relief of specific performance merely because it is lawful to do so - Jurisdiction to grant decree of specific performance is discretionary - Discretion of court is not arbitrary - Circumstances specified in S.20 Specific Relief Act are illustrative..........
Agreement to sell -- Suit for specific performance - Property owned by two brothers - One of the brothers entering into contract to sell the entire property - Held, agreement cannot bind the brother - Order of Court refusing specific performance is not valid - Property being divisible, partial enforcement of contract allowed. (Specific Relief Act, 1963, Ss.20, 12)..........
