Advice on section 16
Bhika Reghiwale
(Querist) 15 October 2015
This query is : Resolved
In my own case if plaintiff is taking time extension repeatedly for his purpose, His purpose for some reasons is clearly written in time extn agreements, for completing the sale contract . By extending time of contract , he is gaining a huge interest 10 per cent per month . And under the pressure I have returned his all amt with exorbitant interest , within two years and three months, and gone in such agreements. He never came for contract except two times for time extns of total seven months only .and gone in court after 27 months fm initial date of agreement. Agreements are unregistered. His suit reads that I am not ready and willing to compete the sale deed since beginning of the contract .This is a contradiction.
Hence I want to know . If initial sale agreement is of 5 months only to complete the contract of then , 1 ) Whether such period which is demanded by him in writing for his work and purpose, in time extns bonds, will be treated as averment of readiness and willingness under section 16 (c) or not ?
2 ) if it is proved that plaintiff is carrying out the illegal business of money lending with the witness of this agreements, which is of criminal nature,then whether he will be treated as willingness in such case or not ?
3.)What type of proofs required to prove and aver for readiness and willingness always in above contract vide above section.?
Please advice early.
4 ) How the conduct of party is judged in above section of a Law for proving willingness. ?.
5 ) what is time period is there for readiness and willingness.?
Sir
dr g balakrishnan
(Expert) 15 October 2015
basic agreement is the contractual obligation of 5 months only from the date of initial agreement, nothing more pls.
other issues raised are just academic.
P. Venu
(Expert) 16 October 2015
Please state the material facts devoid garbled expressions.
Rajendra K Goyal
(Expert) 16 October 2015
All the documents need to be referred, consult local lawyer and discuss.
K.S.Srinivas
(Expert) 20 October 2015
Agreed with Sri dr g balakrishnan.
T. Kalaiselvan, Advocate
(Expert) 21 October 2015
You have already approached court seeking relief, so all your further such queries may be answered by your own advocate since he is aware of the background details.
