In order to succeed in the suit for the specific performance of a contract for sale, the plaintiff has to aver and prove that:

In order to succeed in the suit for the specific performance of a contract for sale, the plaintiff has to aver and prove that: Correct Answer His readiness and willingness to perform the contract

Bissoy MCQ

Related Questions

In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
In a suit for specific performance of agreement of sale of immovable property, the plaintiff must aver and prove the following-
Under Section 16 of Specific Relief Act, 1963, in a suit for specific performance of contract, the plaintiff must aver performance of, or readiness and willingness to perform. What is the meaning of 'readiness'?
In a Suit for Specific Performance of Contract, the plaintiff must aver and prove that
Which of the following statements is/are correct in connection with malicious prosecution?
1. Malice is to be inferred from the acquittal of the plaintiff.
2. Malice is not to be inferred from the acquittal of the plaintiff.
3. The plaintiff must prove independently of the acquittal that his prosecution was without reasonable and probable cause,
4. The plaintiff is not required to prove that his prosecution was without reasonable and probable cause.
Select the correct answer using the given below:
In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit in the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation,
A', on 9th January, 2015 agrees to sell his immovable property to 'R' and out of the total sale consideration of Rs. 3,00,000/- receives a sum of Rs. 1,00,000/- from 'B' as advance payment and agrees to vacate the property and handover vacant peaceful physical possession thereof to 'B' and to execute the Sale Deed of the property in favour of 'B' on receipt of balance sale 'consideration' on or before 9th July, 2015. 'A' fails to vacate the property or to execute the Sale Deed or to deliver possession of the property to 'B'. 'B' after waiting patiently till 31st January, 2016, on 1st February, 2016 got issued a legal notice to 'A' to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. 'A' vide his reply received by 'B' on 17th February, 2016 denies the agreement. The limitation of three years available to 'B' for instituting a suit for specific performance is:
A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in which of the following cases?
1. Where the plaintiff fails in the suit
2. Where the plaintiff is dispaupered under r 9
3. Where the suit is withdrawn
4. Where the suit is dismissed under the circumstances specified in clause (a) or cl. (b)