Agreement to sell -- Specific performance - Any delay on the part of plaintiff is fatal to suit...........
Agreement to sell -- Specific performance - Any delay on the part of plaintiff is fatal to suit...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff not only `aver' but must also prove in order to get out of teeth of S.16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff not only `aver' but must also prove in order to get out of teeth of S.16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Nothing on record to show that plaintiff has funds in his hands or was capable of generating funds for the purpose of converting sale agreement into a sale deed - Plaintiff was not willing to get sale deed and he had approached the Court with considerable delay - Readiness and willingness on the part of plaintiff not proved -..........
Agreement to sell -- Specific performance - Nothing on record to show that plaintiff has funds in his hands or was capable of generating funds for the purpose of converting sale agreement into a sale deed - Plaintiff was not willing to get sale deed and he had approached the Court with considerable delay - Readiness and willingness on the part of plaintiff not proved -..........
Agreement to sell -- Specific performance - Readiness and willingness - In order to prove readiness and willingness on the part of plaintiff he was not required to prove flash cash or deposit the amount in Court or to tender to defendant...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
