Showing : 1-9 of 9 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Oral contract - Oral contract is valid, binding and enforceable - Decree for specific performance can be granted on the basis of oral contract - However, heavy burden lies on plaintiff to prove that there was consensus ad idem between parties for concluded agreement for sale..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for specific performance of agreement to sell - Oral extension of time but no mention of particulars as to when and how long - Suit barred under Article 54 of Limitation Act - Order of trial Court rejecting plaint as barred by law of limitation,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Sale price - Plea of seller that sale price of Rs.3 lakhs was mentioned as Rs.45,000/- to save registration charges and stamp duty - Contention rejected by both the Courts below as in view of S.92 of Evidence Act, when terms of any contract are reduced to the form of a..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Oral agreement to sell - Suit for specific performance - Injunction to restrain defendants from changing the nature of suit property - Injunction granted restraining defendants from alienating or encumbering the suit property or changing the nature and character thereof..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Oral agreement to sell - Suit for specific performance - Suit property sold during pendency of suit - Vendees impleaded party to the suit - Restraining such vendees from changing the nature of suit - Ad interim injunction granted restraining defendants from alienating or..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 53A-- Res judicata - Applicability of principles - In a suit for specific performance trial Court dismissed the same as respondent No.1 had failed to prove the existence of oral agreement - Trial Court not framed an issue as to whether respondent No.1 was in possession or not - S.53-A not applicable as..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 34-- Sale deed executed as security of loan - Oral agreement of recoveyance on payment of loan - Loan amount paid - Suit for declaration of title - Not maintainable in absence of seeking relief of declaration that sale deed was a loan transaction and not a real sale - Second relief of specific..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2-- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not maintainable in..........
SUPREME COURT OF INDIA
Year of decision: 1990
Details
Agreement to sell-- Oral - Suit for specific performance - Heavy burden lies on plaintiff to prove that there was consensus ad-idem between the parties for a concluded oral agreement of sale of immovable property...........

Showing : 1-9 of 9 Results