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Results of execution specific

Showing : 41-50 of 529 Results

CALCUTTA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Relief of possession - Plaintiff not being in possession of suit property can claim relief of possession at any stage of proceeding and even at execution stage. (Specific Relief Act, 1963, S.28(3)..........

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 filing of suit...........

MADRAS HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 28 -- Rescission of contract - Application u/s 28 of the Act - To be filed in suit and not on the Execution side of the Court...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Once the document is presented for registration, executing Court ought to allow the authority under Registration and Stamps Acts to discharge their duty and function...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Executing Court presents document for and on behalf of judgment debtor - Merely because the document is presented by Court, Sub-Registrar is not under obligation to mechanically accept such document for registration - Registering..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert - Other two purchasers along with whom suit agreements..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........

KERALA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Time essence of contract - Agreement to sell - Last date for execution of registration of sale deed agreed between parties - Once last date has been mentioned, Court was not correct in returning finding that time was not essence of contract. (Contract Act, 1872, S.54)..........

Showing : 41-50 of 529 Results