Showing : 21-30 of 1296 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Execution of - Existence of agreement doubtful - Plaintiffs not in possession of agreement to sell when they visited office of Sub-Registrar to execute sale deed in pursuance to the agreement to sell - More so, they never pleaded in plaint that said agreement is lost - Rather loss of agreement to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Execution - In absence of original agreement to sell, merely on oral evidence of witnesses, execution of agreement to sell and payment of earnest money cannot be said to have been proved particularly when defendants took the plea that agreement to sell is forged and fabricated...........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plea that plaintiff has taken possession of different parts of property from tenants by paying consideration to the tenants as such specific performance be granted as equities are in his favour - Plea not tenable as agreement to sell clearly states that possession will be..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - To prove readiness and willingness plaintiff must show his financial capacity to pay the balance sale consideration right from the time of entering into agreement to sell, till the decree of suit. (Specific Relief Act, 1963, S.16(c)...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Contract Act, 1872, Section 29-- Agreement to sell - Description of property - No difference in description of suit property with that of description of property mentioned in sale agreement excepting schedule of plaint - Description of property in agreement thus, not vague and uncertain rendering agreement void u/s 29 of the Act..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Where agreement to sell is itself is not enforceable against defendant Nos.2 and 3, there is no scope for Court to exercise discretion u/s 20(3) of Specific Relief Act to decree suit in respect of shares of defendant Nos.2 and 3 in suit property - Moreover, plaintiff neither..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Agreement to sell gives prima facie impression that it is transcribed on a signed stamp paper and thereafter signatures of witnesses as well as plaintiff have been appended - Words `Shree Ganeshaya Namah' is placed at such a place which..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plaintiff sent legal notice after four days of date for execution and registration of sale deed - Issuance of legal notice does not lead to conclusion that plaintiff was always ready and willing to perform his part of contract from the date of agreement to sell till date of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Breach of agreement - Forfeiting the advance amount paid - Seller can forfeit the advance amount received only when he pleads and proves loss caused to him on account of breach of agreement to sell by buyer...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 53, 54-- Unregistered agreement to sell - Does not confer any title nor transfer any interest in an immovable property - Defendant cannot claim any title on suit land on the basis of agreement to sell...........

Showing : 21-30 of 1296 Results