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Results of agreement sell

Showing : 141-150 of 2492 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected notwithstanding execution of agreement to sell - Landlord is..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Readiness and willingness - Finding of readiness and willingness - It is a finding based facts and once it is recorded, it becomes a binding of fact - Unless such finding is found to be against pleadings or contrary to evidence or law governing the issue, it is binding on High Court and also on Supreme Court...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Agreement to sell by Karta - Joint Hindu Family property - Plea of legal necessity taken by legal Heirs of Karta - Karta signed the agreement after obtaining consent of his legal heirs - Very fact that one son of Karta was a signatory to agreement was sufficient to draw a presumption that agreement to sell was made by Karta with consent of other..........

DELHI HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Plaintiff paid only 8% of sale consideration as advance - Plaintiff thus not entitled to discretionary relief of specific performance - Relief of specific performance rightly refused. (Specific Relief Act, 1963, S.20)..........

DELHI HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Claim of Damages - Damages have to be specifically proved - Damages in such cases are proved by showing increase in value of property whereby plaintiff is prejudiced in having to purchase similar property at a higher price on account of breach of contract by defendant - Once no evidence is led to prove damages, same cannot be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Plea of hardship because of increase in the prices - Not a ground for defence of defendants until and unless the same is attributed to plaintiff in view of S.20(b) Explanation II of Specific Relief Act. (Specific Relief Act, 1963, S.20(b) Explanation II)..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Defendant executed power of attorney in favour of one person who is related to plaintiff - Power of attorney holder in collusion with plaintiff prepared a fictitious agreement which did not bear signature of defendant - Plaintiffs miserably failed to prove how time was not essence of agreement - Defendants not entitled to sell..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Execution of gift deed after execution of agreement to sell and after receiving legal notice - Agreement to sell duly proved and prior in point of time - Defendant was left with no power to deal with property that was subject matter of agreement - Gift deed is null and void...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Grant of relief of specific performance is discretionary and equitable relief which can be granted considering (a) existence of valid and concluded contract; (b) readiness and willingness of plaintiff and as to whether plaintiff is still ready and willing to perform his part of contract; (c) whether plaintiff performed his part..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Grant of relief of specific performance is discretionary and equitable relief - To avail relief of specific performance, parties need to plead and prove all statutory requirements prescribed under provisions of act and Forms 47/48 of Appendix A to C of CPC - It is only then Court is entitled to exercise its discretion to grant or..........

Showing : 141-150 of 2492 Results