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Results of property specific performance

Showing : 311-320 of 717 Results

MADRAS HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Specific performance - Execution denied by vendor - Alleged payment of sale consideration by vendee not proved - Mere finding of signature as identical will not in any way prove execution of sale agreement - When possession not handed over in pursuance of agreement of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 22, Registration Act, 1908, Section 17(1A), (2)(v), 49, Transfer of Property Act, 1882, Section 53A -- (As amended by Amendment Act of 2001) - Unregistered agreement to sell - Suit for specific performance - Plaintiff is seeking possession of property by way of specific performance of agreement to sell - He is not seeking protection of..........

MADRAS HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 - - Bar of suit U.O.2.R.2 - Suit for permanent injunction, restraining defendants from alienating suit property to any third parties, reserving her right to file suit for specific performance - Held, plaintiff does not have such power to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Specific performance - Time not essence of contract - In case of sale of immovable property, time is never regarded as essence of the contract - Rather there is presumption against the time being essence of the contract - However, Court may infer that it is to be performed in a reasonable time from the expressed terms of the contract, from the nature..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 151, Order 21, Rule 97,98,99,100,101,102 -- Execution - Decree of specific performance - Objector claiming to be in possession of property in dispute in his independent right and that he is wrongly dispossessed in execution of decree - Objector has absolutely no independent concern with property in dispute and he was objecting only on..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Agreement to sell -- Suit for specific performance - For specific performance of a contract for sale of immovable property, there must be certainty with respect to the property to be sold...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell found not enforceable - Vendee not found willing to perform his part of contract - Relief of specific performance denied - Protection of S.53-A TPA cannot be claimed by vendee...........

MADRAS HIGH COURT

Year of decision: 2011
Details

Agreement to sell -- Suit for specific performance - Concluded contract - Three conditions mentioned : (1) the 1st respondent is to produce all the original records including the patta, chitta, adangal and encumbrance certificate to the appellants for verification. (2) the first respondent is to obtain a permission from the competent court for the sale of minors' property..........

MADRAS HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Specific performance of contract - Third party - Impleadment of - Held, a third party cannot be impleaded in a suit for specific performance if he has no semblance of title in property in dispute - A person who has a direct interest in subject matter of suit for specific performance of an agreement of sale may be impleaded..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Agreement to sell -- Suit for specific performance on the basis of unregistered agreement to sell under which possession was delivered, is maintainable though such an unregistered agreement to sell cannot be used as defence in terms of S.53-A Transfer of Property Act - S.17(1-A) Registration Act does not make such an unregistered agreement completely null and void - Such..........

Showing : 311-320 of 717 Results