Section 16 (c) of the Act instructs the applicant to incriminate himself in the application and to prove by evidence that he was always willing and willing to perform his part of the contract. The distinction between "preparation" and "preparation" is that the former refers to financial capacity and the second to the plaintiff`s conduct want the benefit ((2011)1SCC429). The applicant`s availability and availability, which is a prerequisite, must be in accordance with the terms of the agreement (Bala Krishna vs. Bhgawan Das, AIR 2008 SC 1786), but the applicant does not have to have any money on hand (M.K.Watts vs. Usha Sharma, AIR 2004 P-H 295). In a lawsuit for certain services, the complainants are expected to approach the court with clean hands. (G.Jayashree vs. Bhagawan Das, AIR 2009 SC 1749). From the day of execution to the date of the decree, he must prove that he is ready and that he has always agreed to perform his part of the contract. (N.P. Thirugnanam v.
Dr. R. Jagan Mohan Rao and Ors, (1995) 5 CSC 115 at paragraph 5). The subsequent purchaser also has the right to object to availability and availability. (AIR 2009 SC 2157). To find out the consequences of lack of availability and availability in the appeal, see J.P. Builders and Anr. Vs. A. Ramadas Rao and Anr, (2011)1SCC429). Most contracts expire when both parties have fulfilled their contractual obligations, but it is not uncommon for a party to fail to fully terminate its contract. Breach of contract is the most common reason why contractual disputes are to be resolved.
It is therefore the result of a careful interpretation of Decision II, Rule II and the decision of the Apex Division, 2, that the above issue can only be resolved after relying on the power of appeal. A owns the land and receives 80,000 B as a sales advance against Rs.2.00,000/-. B vendee signed alone on the sales contract, but a seller did not sign on it. Subsequently, A cannot argue that such an agreement is not valid if it has not signed. Specific performance is a maintenance service. Usually, costume for the specific execution of the contract on the basis of the sale agreement. A vague and uncertain agreement could not be implemented. (Vimlesh Kumari Kulshrestha vs Sambhajirao, 2008 (2) Supreme 127). It has been observed in Ambica Prasad vs. Naziran Bibi, AIR 1939 All 64], [Balram v Natku, AIR 1928 PC 75, that there should be a valid contract for prosecution for the specific performance of the contract. As in all complaints, the defendant - the party prosecuted - has the legal right to raise a reason why the alleged violation is not really an offence or why the violation should be excused. From a legal point of view, that is called defence.
Common defence against a breach of contract: In considering the facts of the case, the Supreme Court found that the ground derived from the termination action and the plea that gave rise to a lawsuit for a specified benefit was different. Thus, in the same appeal, the applicant could not have argued for an injunction and a special benefit. The Court replied: - Section 52 of the T.P.Act delas with "Lis Pendens". The following elements must be put in place to constitute a legal link:-I) an appeal or proceeding must be pending before a competent court of justice; (II) the appeal or procedure should not be collusive; III) The dispute must be a dispute in which the right to safety is directly and concretely called into question; (IV) there must be a transfer or other transfer of the disputed assets by a party to the dispute; (V) Such a transfer must infringe the rights of the other party, which, as a last resort, may arise from the decree or order.