Agreement to sell -- Specific performance - An equitable relief - Depends on conduct of parties...........
Agreement to sell -- Specific performance - Conduct of parties - Plaintiff chasing the defendant to execute sale deed - It is a relevant fact to grant relief of specific performance...........
Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........
Agreement to sell -- Specific performance - Agreement in question was contingent upon the fact that once defendants were conferred with Bhumidari rights they would execute sale deed in favour of plaintiff - Plaintiff issued two notices after bhumidari rights were conferred upon defendants, which was not responded - Entire sale consideration was already paid - Now there is..........
Agreement to sell -- Specific performance - Even if all ingredients required for grant of specific performance is made out, even then, it is not necessary for Court to grant a decree of specific performance as it is purely equitable and discretionary in nature...........
Agreement to sell -- Specific performance - Readiness and willingness - Mere self serving statement of income without proof of financial resources is not sufficient to prove that plaintiff was ready and willing to perform his part of contract...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff though stated in plaint that he was ready and willing to perform his part of contract but there is no averment to said effect in his deposition - Even, there is no averment in plaint and in evidence that plaintiff had requisite funds or that he had offered the same to defendant who refused..........
Agreement to sell -- Specific performance - Bona fide purchaser - Clear variance between statements and evidence of PW1 and PW2 ascribing knowledge/notice to subsequent purchasers regarding agreement to sell - Subsequent purchasers even disputed said fact by stating that that they were not aware of agreement more so, when they already had an agreement in their favour from..........
Agreement to sell -- Refund of earnest money - Plaintiff has a registered agreement to sell in is favour and he had already paid Rs.2000 as earnest money in the year 1979 and has been litigation since last 44 years - Vendor sold the property to subsequent purchasers - Plaintiff though not entitled to relief of specific performance but subsequent purchasers directed to..........
