Showing : 11-20 of 80 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - No averment of readiness and willingness has been set out by plaintiff nor it stated that defendant had notice of readiness and willingness of plaintiff to perform his part of agreement to sell - Plaintiff even did not enter witness box to prove..........
PATNA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiffs specifically stated that they gave amount to defendant for taking distributorship - Defendant having failed to return said amount executed one written agreement admitting amount given by plaintiffs and also agreed to sell suit land to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Defendant contended that he had not received any earnest money from plaintiff - However, plaintiff examined attesting witnesses of agreement to sell who deposed not only execution of agreement but that defendant received earnest money of Rs.1 lakh - Acknowledgment receipt of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - No failure on part of plaintiff to perform his part of contract - Defendants on the other hand, without following conditions mentioned in agreement to sell, has chosen to issue a feigned legal notice, which itself is frivolous - There is no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 16(c)-- Agreement to sell - Readiness and willingness - "No Objection Certificate" - In cross-examination of plaintiff states that he had prepared an affidavit for "No Objection Certificate" but did not submit to vendors - It would not be a ground to deny relief of specific performance...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 16(c)-- Agreement to sell - Readiness and willingness - Petitioner-sellers submitted that pleadings of plaint are not supported by an affidavit - In plaint, plaintiff had approached defendant-sellers to complete their part of agreement to sell but defendants expressed difficulty to hand over physical..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Equitable relief - Delay and laches - Long delay of more than 2 years in issuing suit notice and in filing suit after period specified for performance would disentitle plaintiff from seeking relief of specific performance - Even otherwise, plaintiff never showed her..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Agreement to sell - Defendant failed to discharge the burden of proving readiness and willingness on his part to perform the contract by making payment of balance amount of consideration either on the date agreed for execution of sale deed or thereafter till filing of suit -..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Leave U.O.2.R.2(3) - Agreement to sell - Suit for permanent injunction - Right to file separate suit for specific performance reserved - Court allowing application U.O.2.R.2 CPC - Cause of action for both the suits are different - In case of suit for injunction plaintiff is required to make out..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Oral agreement to sell - Specific performance - Parties orally agreed to sell property for Rs.14.50,00,000 - No evidence to show as to what conditions were stipulated between parties and how payment was to be made and time stipulated etc. - No steps taken by plaintiffs to..........

Showing : 11-20 of 80 Results