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 SPECIFIC PERFORMANCE - IMPORTANT CASE LAW - SUPREME COURT OF INDIA 

Agreement to sell -  Plot in question non transferable for 10 years - No decree for specific performance can be passed on the basis of alleged receipt-cum-agreement. (2016(2) Civil Court Cases 478 (S.C.) 

Agreement to sell - Contingent contract depending upon certain conditions - If any of the conditions is not fulfilled seller is not bound to sell suit property and complete the sale even if purchaser waived the said conditions. (2016(1) Civil Court Cases 270 (S.C.) 

Agreement to sell - Efflux of time and escalation of price of property by itself not a valid ground to deny relief of specific performance - Court in its discretion may impose reasonable conditions including payment of additional amount to the vendor. (2015(1) Civil Court Cases 230 (S.C.) 

Agreement to sell - Oral contract is valid, binding and enforceable - Decree for specific performance can be granted on the basis of oral contract. (2015(4) Civil Court Cases 030 (S.C.) 

Agreement to sell - Plaintiff not to be denied specific performance only on account of phenomenal increase of price during pendency of litigation. (2015(1) Civil Court Cases 230 (S.C.) 

Agreement to sell - Ready and willing - Pleaded - But it was not pleaded that `plaintiff has been and still is ready and willing' - This is non compliance with the mandatory legal requirement of pleading. (2015(3) Civil Court Cases 855 (S.C.) 

Agreement to sell - Specific performance - Cannot be ordered if contract itself suffers from some defect which makes the contract invalid or unenforceable. (2016(2) Civil Court Cases 478 (S.C.) 

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