Tag: Specific Relief Act S. 16
Specific performance – Plaintiff has to prove that all along and till the final decision of the suit, he was ready and willing to perform his part of the contract – Circumstances including availability of funds and mere statement or averment in plaint of readiness and willingness, would not suffice.
U.N. Krishnamurthy (Since Deceased) Thr. Lrs. v. A. M. Krishnamurthy, 2022 SCeJ 1384, 2022 PLRonline 1495503
Specific Relief Act S. 16(2) – Non grant of permission to transfer the property – If the permission has not been granted due to the fault of the proposed vendor himself, then he cannot be allowed to capitalize upon or take the benefit of such a default
Specific Relief Act, 1963 (47 of 1963) Section 16(2) – Requires the plaintiff to prove that he has always been ...
Specific Relief Act 1963, S. 16 – ‘readiness’ – Burden of proof – Buyer must prove that he is ready and willing to perform the contract
Specific Relief Act 1963, S. 16 - 'readiness' - Burden of proof - First appellate court shifted the burden on ...
Specific Relief Act 1963, S. 16 – ‘readiness’ – Balance consideration – The buyer did not lead any evidence to indicate that during the period the contract was to be executed, he had the money to pay the balance consideration
Specific Relief Act 1963, S. 16 - 'readiness' - Balance consideration - The buyer did not lead any evidence to ...
Specific Relief Act 1963, S. 16 – ‘readiness’ – The ‘readiness’ of the buyer to perform his obligations refers to whether he was financially capable of paying the balance consideration.
Specific Relief Act 1963, S. 16 - 'readiness' - The 'readiness' of the buyer to perform his obligations refers to ...
Specific Relief Act 1963, S. 16 – Conduct of buyer – Delay of about three years from the date fixed for performance of the contract in filing a suit
Specific Relief Act 1963, S. 16 - Conduct of buyer - Delay of about three years from the date fixed ...
SRA S. 16 – Conduct of buyer – Throughout the sale transaction – Merely averring that he was waiting with the balance consideration and believed that the appellants would clear the encumbrance is insufficient to prove that the respondent-plaintiff was willing to perform his obligations under the contract
Specific Relief Act 1963, S. 16 - Conduct of buyer - Throughout the sale transaction - Merely averring that he ...
SRA S. 16 – Trial court merely adverted to “document produced on behalf of the plaintiff” and concluded that he had sufficient means to purchase the suit property – Court failed to analyse – Set aside.
Specific Relief Act 1963, S. 16 - 'ready and willing' - The foundation of a suit for specific performance lies ...
SRA S. 16 – Non framing of issue – Affect of
Specific Relief Act 1963, S. 16 - 'ready and willing' - Non framing of issue - All the three courts, ...
SRA S. 16 – Financial capacity – Conduct throughout the transaction
Specific Relief Act 1963, S. 16 - Financial capacity - Conduct throughout the transaction
Specific performance – Material questions, which are required to be gone into for grant of the relief of specific performance, enunciated
Specific performance - Relief of - Grant of relief of specific performance is a discretionary and equitable relief- Material questions, ...
Suit for specific performance of the contract – Readiness and Willingness – Tenants
Suit for specific performance of the contract - Readiness and Willingness – Handing over of possession of property without tenants ...