Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff from the date the balance sale consideration was payable in terms of agreement to sell, till decision of suit, is a condition precedent for grant of relief of specific performance...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Agreement to sell -- Specific performance - Time essence of contract - Time limit prescribed in agreement cannot be ignored on the ground that time was not made essence of agreement or that suit could be filed within three years from date fixed for performance or from date when performance is refused by vendor...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- More than one plaintiffs - Death of one plaintiff - L.R's of decreased plaintiff not brought on record - Entire suit does not abate on death of one of the plaintiffs...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed on the ground that plaintiff was ill and undue influence was exercised by defendant - Plaintiff was not proved to be ill on the date of execution of sale deed as alleged - Doctors who had given prescriptions were never produced - None of brother of plaintiff had come in the witness box to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Impleadment of persons related to trust need to be added as parties to suit in order to determine real interest of plaintiff as per findings of trial Court - Their presence is must to decide relief claimed by plaintiff in suit properties - Even, otherwise, it is discretion of Court..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of Courts below that plaintiff miserably failed to prove his possession and ownership over plot in question and accordingly his suit is dismissed on merits - Findings of fact are based on appreciation and re-appreciation of evidence and do not suffer from any..........
