15 January 2011
Mr Bansal I am pasting some of my collection as below, which ever suite to your case select, I will provide you the full citation.
Suit for specific performance of the agreement- trial court decreed the suit for specific performance of the contract- Defendant argued that justice could have been met by directing the defendant to repay the amount paid by plaintiff to him with interest- Held defendant had failed to prove that the plaintiff had taken unfair advantage or hardship was caused to the defendant at the time of the contract or thereafter by the plaintiff- Appeal dismissed- UTT-UAD-2009(2)-195.
Allegation that defendant refused to get the sale deed executed in accordance with agreement for sale- contention of defendant that plaintiff is usurer and agreement is fake and that the land is of great value and only Rs. 40000/- has been borrowed- Appellate court holding that defendant executed agreement of prime land with the nominal consideration under compulsion and specific performance of agreement not proper- Second appeal – Held- Rise in price of land in it self is no ground to refuse specific performance of contract- SCD- 2007(2)-UTT-SC’s Rulings-1326.
Suit for specific performance of agreement to sell Immovable property- Plea of hardship by defendant- Not pleaded in W.S. nor evidence such- No benefit of such plea available to defendant vendor- It is for the defendant to plead and prove the circumstances to decline the relief of specific performance in terms of Sec- 20(2) of S.R. Act- Hardship being a question of fact can not be looked in to Second appeal in absence of pleading and proof in that respect- UTT-UAD-2008-865, SC’s Rulings.
Specific performance of agreement to sale- Denial by granting decree for refund of the money as given as advance- propriety of- An agreement to sell immovable property by a person having power of attorney which had been revoked- After revocation such had no legal authority to enter in to agreement to sale- granting decree for reimbursement of earnest money with interest proper and justified- SC-UAD-2009(1)-10.
Specific performance of agreement of sale- Defendant had denied the execution of agreement of sale- D W 1 admits receiving Rs 1 Lac from plaintiff out of total sale price of Rs 1,50000/- Defendant is bound by the contents of documents- SC- U.P. Revenue Judgment-2009(1)-175.
Agreement to sell - Suit for specific performance - Death of agreement holder - Suit for specific performance filed by sister - Widow of agreement holder not remarried - Suit by sister not maintainable when wife of agreement holder had not remarried. (Dyaneshwar Ramachandra Rao Patange Vs Bhagirathibai) 2006(4) Civil Court Cases 140 (S.C.)
Agreement to sell - Specific performance - Property belonged to Company - Company passed resolution to sell the property - Power of Attorney executed - Power of Attorney holder entering into agreement to sell - Plaintiff having capacity to pay and ready and willing to pay the balance amount - Absence of any material to show that power of attorney was acting in unauthorized manner in view of clear resolution of company - Decree of specific performance, upheld. (Specific Relief Act, 1963, Sec-.16, 20, Contract Act, 1872, Ss.23 & 24). (India Financial Assn., Seventh Day Adventists Vs M.A.Unneerikutty & Anr.) 2006(4) Civil Court Cases 42 -S.C.
In a suit for specific performance of a contract for sale, it has to be averred and proved by the plaintiff who is seeking for a decree for specific performance of contract of sale- That he must always be ready and willing to complete the terms of the agreement for sale- and that he has not abandoned the contract and his intention is to keep the contract subsisting till it is executed- SC-UAD-2010(1)-326.