ISSUES RELATING TO SPECIFIC PERFORMANCE

  1. Whether the plaintiff proves that the defendant agreed to sell the Suit property to him for a consideration of Rs. and after accepting Rs.             _________  as an earnest money, has executed an agreement of sale in favour of the plaintiff on  __ ?
  2. Whether the plaintiff proves that the he is in actual possession of the Suit property ?
  3. Whether the plaintiff proves that he was and is ready and willing to perform his part of agreement ?
  4. Whether the plaintiff proves that the defendant has refused / declined to execute registered sale deed in favour of the plaintiff ?
  5. Whether the plaintiff proves that the he is entitled to specific performance of the Contract ?
  6. Whether the plaintiff proves that he is entitled to recover Rs. From the defendant towards damage ?
  7. Whether the plaintiff proves that he is entitled to recover the earnest money?
  8. Whether the plaintiff proves that he is entitled to get Interest ? If yes, at what rate ?
  9. Whether the plaintiff is entitled to get relief, as prayed for ?
  • Whether the defendant proves that the agreement for sale is not registered and therefore not admissible in evidence ?
  • Whether the defendant proves that the plaintiff has got executed the alleged agreement of sale by exercising fraud / misrepresentation ?
  • Whether the defendant proves that the signature was obtained under influence or inducement ?
  • Whether the defendant proves that the Suit transaction is not a sale ?
  • Whether the defendant proves that the Suit agreement is not enforceable in Law ?
  1. Whether the time was essence of contract ? If yes, what is its effect ?
  • What order or decree ?
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