Agreement to sell -- Specific performance - Ready and willing - One of the terms in the agreement related to payment of interest - Pleading that plaintiff was willing to comply with the terms of sale agreement which were applicable - Cannot be concluded that there is no pleading as to readiness and willingness to pay interest - Finding of High Court otherwise, set aside...........
Agreement to sell -- Specific performance - Ready and willing - It must be alleged and proved - Plaintiff should be ready and willing to perform the essential part of the contract from the institution of the suit till it is culminated into decree of Court. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Decree of - If execution of agreement to sell is duly proved and plaintiff is ready and willing to perform his part of contract, then decree of specific performance should be granted...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff must be ready and willing to perform his part of contract - Appellant paid a sum of Rs.7, 000/- on the date of execution of agreement and deposited balance amount of Rs.8, 000/- in Court at the time of filing of suit - Plaintiff had gone to the officer of Registrar for getting sale deed executed and..........
Agreement to sell -- Specific performance - Defendant not ready to execute sale deed and even not ready to refund the earnest money - Conduct of defendant unfair - Decree of specific performance rightly granted...........
Agreement to sell -- Suit for specific performance - Ready and willing - High Court holding lack of pleading of readiness and willingness - Conclusion contrary to pleadings - Plaintiff categorically stated in the plaint that he is always ready and willing to fulfill his part of the obligation and that defendants were evading the execution for one reason or the other - Suit..........
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - Ready and willingness is required to be inferred from the entire reading of the plaint and the evidence led - It is not the mere use of the words, which is relevant but the intention of the plaintiff has to be examined keeping in view the averments made in the plaint. (Specific Relief Act,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of ready and willing in a suit for specific performance - By itself may not give rise to a substantial question of law - Substantial question of law should admittedly be formulated relying on or on the basis of findings of fact arrived at by the Trial Court and the First Appellate Court...........
Specific Relief Act, 1963, Section 16(c) -- Willingness and readiness - To be adjudged from act, conduct and entire evidence - Agreement to sell - Suit for specific performance of agreement by vendee - Appearance before Sub-Registrar, notice to execute sale deed, filing of the suit for specific performance, statement in witness box averring that he is ready and willing to..........
Specific Relief Act, 1963, Section 16(c) -- Specific performance - Ready and willing - Any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief - The provision imposes a personal bar - Court is to grant relief on the basis of the conduct of the person seeking..........
