Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16(c) -- Part performance - Agreement to sell with tenant - Tenant put into possession u/s 53-A - Held, that since tenant was not ready to perform his part of contract he is not entitled to protection u/s 53-A of TPA - Readiness and willingness is not only the requirement of S.16(c) of Specific..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff came from abroad to execute sale deed and pay the consideration amount even before the date for execution of sale deed was fixed - A legal notice was also served - Plaintiff approached the Registrar with the money - On the basis of evidence and materials on record, it is not possible to interfere..........
Agreement to sell -- Specific performance - Subsequently defendant entered into agreement to sell, a part of the suit land, in favour of third party which was ante dated - Subsequent purchaser filed a civil suit which was not defendant by defendant and that suit was decreed exparte and in pursuance thereof sale deed was executed by trial Court - All these events happened..........
Agreement to sell -- Specific performance - Ready and willing - Slowness in exhibiting readiness and willingness - Defendant after sometime executing another agreement in favour of defendants No.2 to 4 - Held, plaintiff cannot be found fault with for any acts of slowness in exhibiting his readiness and willingness to perform his part of contract. (Specific Relief Act,..........
Agreement to sell -- Specific performance - Ready and willing - Readiness and willingness of a party to perform the contract has to be inferred from the conduct of party and the attendant circumstances. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff having failed to show his readiness and willingness cannot take advantage of subsequent bonafide purchaser for consideration without any notice of previous agreement to sell. (Specific Relief Act, 1963, S.16(c)...........
Specific Relief Act, 1963, Section 16(c) -- Readiness and Willingness - Requirement of ` Agreement to sell - Suit for specific performance - Plaintiff must aver that he has performed or has always been ready and willing to perform his part of contract - Compliance with the readiness and willingness has to be in spirit and substance and not in letter and form - Continuous..........
Specific Relief Act, 1963, Section 16(c) -- Readiness and Willingness - Agreement to sell - Date for execution extended from time to time at the instance of vendor - Vendee present in the Registrar Office for registration of sale deed - Vendor not present - Suit for specific performance - Vendee depositing entire sale consideration in Court - Specific performance of..........
Agreement to sell -- Specific performance - Ready and willing - If certain payments are made after the execution of the agreement from time to time, this would satisfy the requirement of S.16(c) of Specific Relief Act. (Specific Relief Act, 1963, S.16(c)...........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Suit for specific performance - Discretionary relief of specific performance - Cannot be granted merely for the reason that plaintiff is ready and willing to perform his part of contract and that defendant was not entirely vigilant in protecting their rights in the proceedings before the competent authority under..........
