Showing : 31-40 of 97 Results

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...........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform her part of contract, as she went to office of Sub-Registrar along with balance sale consideration on the appointed date of registration and execution of sale deed, but defendant did not turn up - Since..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Agreement to sell -- Suit for specific performance - Readiness and willingness - Though essential requirement of agreeing execution of agreement to sale and receiving of earnest money by vendor is proved but subsequent part required for fulfilling contract by making complete balance payment to defendants and also by..........
DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Recovery of damages - Relief of specific performance not granted to plaintiff as he failed to prove his readiness and willingness to perform his part of contract - As regarding recovery of damages, since plaintiff does not seek any relief of money decree being consideration paid by plaintiff to..........
DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - No contract between parties which can be enforced at law as an agreement to sell - Court not to go into other aspects of readiness and willingness, alleged dishonest conduct of the defendants or who is guilty of breach of contract...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Bona fide purchasers in good faith - Agreement in question duly proved by plaintiff - Evidence of plaintiff with regard to readiness and willingness to perform his part of contract not challenged by any of defendants - More so, subsequent purchasers had failed to prove that..........

Showing : 31-40 of 97 Results