Showing : 61-70 of 80 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Agreement to sell - Plaintiff and defendant No.1 real brothers allegedly entered into agreement to sell in 1992 - Defendant No.1 sold property in 2004 to defendant No.2 - Suit for specific performance filed after 12 years - Both Courts below examined evidence in detail and..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove that he had performed or he had always been ready and willing to perform the essential part of contract, which has to be performed by him - Held, readiness and willingness of plaintiff can even been inferred from the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Agreement to sell - Plaintiff put in possession of property two months prior to execution of agreement to sell in his favour - Plaintiff failed to pay installments as stipulated in the agreement - He also failed to establish his readiness and willingness to perform his part of..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Agreement to sell registered - Attesting witness supporting the case of plaintiff - Defendant failing to prove that agreement is only a security deed - One witness examined by defendant deposing that agreement was written as security for loan he borrowed from plaintiff but..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 16(c)-- Willingness and readiness - To be adjudged from act, conduct and entire evidence - Agreement to sell - Suit for specific performance of agreement by vendee - Appearance before Sub-Registrar, notice to execute sale deed, filing of the suit for specific performance, statement in witness box averring..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16(c)-- Part performance - Agreement to sell with tenant - Tenant put into possession u/s 53-A - Held, that since tenant was not ready to perform his part of contract he is not entitled to protection u/s 53-A of TPA - Readiness and willingness is not only the requirement of S.16(c) of Specific Relief Act..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Adverse possession - Agreement to sell - Agreement holder cannot become the owner by adverse possession - In order to protect possession u/s 53-A TPA agreement holder, right from the date of agreement must show his readiness and willingness to perform his part of contract - A..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 16(c), 19(b)-- Agreement to sell - Subsequent purchaser - After conveyance the question of readiness and willingness is really not relevant - The only question thereafter to be adjudicated is whether the purchaser was a bona fide purchaser for value without notice...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 16(c), 19(b)-- Agreement to sell - Subsequent purchaser - Ready and willing - Plea of ready and willing is not available to subsequent purchaser as subsequent purchaser is to be prove that he is bona fide purchaser for value without notice - Readiness and willingness aspect will not give any relief to him...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 16(c)-- Readiness and Willingness - Requirement of ` Agreement to sell - Suit for specific performance - Plaintiff must aver that he has performed or has always been ready and willing to perform his part of contract - Compliance with the readiness and willingness has to be in spirit and substance and not..........

Showing : 61-70 of 80 Results