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AGREEMENT TO SELL
Agreement to sell - Alleged to be signed under influence of liquor - Vendor
found to have executed some other sale deeds later in point of time and in
favour of vendee only - Plea of defendant rightly rejected. (Smt.Ajit Kaur Vs
Smt.Dalbir Kaur) 2004(2) Civil Court Cases 12 (P&H)
Agreement to sell - Contract for sale does not confer title in immovable
property - It does not by itself create any interest in or charge on such
immovable property. (Ramesh Chand Ardawatiya Vs Anil Panjwani)
2003(1) Apex Court Judgments 595 (S.C.)
Agreement to Sell - Does not create any title nor it decides any rights in
favour of a person entering into agreement to sell. (Hoshiar Singh Vs Ram
Kumar & Ors.) 2004(3) Civil Court Cases 186 (P&H)
Agreement to sell - However, property sold to some other person - FIR u/s
420 IPC - Civil suit for specific performance also filed - Written statement
also filed - No question of harassment or embarrassment from continuing the
criminal proceedings - Petition for stay of criminal proceedings dismissed.
(Nand Lal Vs State of Punjab) 2002(1) Criminal Court Cases 418 (P&H)
Agreement to sell - Oral - Denied - Heavy burden lies upon the party who
pleads such an oral agreement to establish its existence as well as its
conditions with the support of clinching and admissible evidence. (Yelamati
Vs Vejju) AIR 2002 A.P. 369
Agreement to sell - Ready and willing - Also depend upon the question as
to whether defendant did everything which was required of him to be done
in terms of the agreement for sale. (P.D'Souza Vs Shondrilo Naidu) 2004(2)
Apex Court Judgments 573 (S.C.) : 2005(1) Civil Court Cases 131 (S.C.)
Agreement to sell - Ready and willing - Price fixed 40 lakhs but payment of
8 lakhs only - Failure to establish capacity to pay balance consideration -
Vendee company declared sick under SICSP Act and was directed not to
alienate any assets - Held, relief of specific performance cannot be granted
in favour of plaintiff-company. (P.Purushotham Reddy Vs M/s Pratap Steels
Ltd.) AIR 2003 A.P. 141
Agreement to sell - Suit for specific performance - Money not offered at the
time of execution of sale deed - Merely for this reason plaintiff cannot be
held to be not ready and willing to perform his part of contract when there
are necessary pleadings to this effect and there is nothing on record to doubt
bonafide statement of plaintiff on oath that he is ready and wiling to perform
his part of the contract - Decree of specific performance granted by trial
Court ordered to be restored. (Parmod Bhushan Pal Vs Bachan Singh (Dead)
Through his L.Rs. & Ors.) 2005(2) Civil Court Cases 122 (P&H)
Agreement to sell - Suit for specific performance - Suit filed after six years
of agreement to sell - No material to prove that plaintiff asked for execution
of sale deed - Held, plaintiff is not entitled to discretionary relief of specific
performance. (Specific Relief Act, 1963, S.20). (Manjunath Vs Tammanasa)
2003(2) Civil Court Cases 552 (S.C.)
Agreement to sell - Time the essence of contract - It does not depend only
upon express stipulation made by the parties, but it also depends upon the
intention of the parties - Intention can be ascertained from (i) the express
words used in the contract; (ii) the nature of the property which forms the
subject matter of the contract; (iii) the nature of the contract; and (iv) the
surrounding circumstances. (Smt.Swarnam Ramachandran Vs Aravacode
Chakungal Jayapalan) 2004(2) Apex Court Judgments 521 (S.C.) : 2004(3)
Civil Court Cases 703 (S.C.)
Agreement to sell - Time the essence of contract - Onus to plead and prove
that time was the essence of the contract is on the person alleging it - In case
where notice is given making time of the essence, it is duty of Court to
examine the real intention of the party giving such notice by looking at the
facts and circumstances of each case - A vendor has no right to make time of
the essence, unless he is ready and willing to proceed to completion and
secondly when the vendor purports to make time of the essence, the
purchaser must be guilty of such gross default as to entitle the vendor to
rescind the contract. (Smt.Swarnam Ramachandran Vs Aravacode
Chakungal Jayapalan) 2004(2) Apex Court Judgments 521 (S.C.) : 2004(3)
Civil Court Cases 703 (S.C.)
Agreement to sell - Vendee not approaching Court with clean hands and
taking false pleas - Not entitled to equitable relief. (P.Purushotham Reddy
Vs M/s Pratap Steels Ltd.) AIR 2003 A.P. 141
Agreement to sell - Vendor had option of putting end to entire transaction
by paying to vendee amount mentioned in agreement as substitute for
performance of agreement or sale of property - Dismissal of suit for specific
performance - Proper. (Lt. Col.K.C.Bheemaiah Vs A.Kuttappa) AIR 2004
Karnataka 224
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