Showing : 41-50 of 4312 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Courts below while decreeing the suit failed to examine evidence in detail that scribe failed to prove the execution of agreement to sell - Stamp vendor not examined - Only oral evidence was produced - More so, possession of suit property was delivered to plaintiff on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Relief of specific performance granted without there being specific prayer in the plaint - High Court justified in reversing the judgment and order granting relief of specific performance of agreement to sell...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Relief of specific performance - Barely 4.5% of total sale consideration paid - Relief of specific performance ought not be granted where only nominal amount is paid out of total sale consideration - Decretal of suit set aside...........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity - Not a single document whatsoever was filed by plaintiff to prove his financial capacity - By self serving averments, financial capacity cannot be held to be proved - Existence of immovable property in itself is not enough to..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Breach of contract - Damages - Once monetary relief has to be granted, then damages have to be proved as required by law towards specific amount and this could have been done by means of filing sale deeds with respect to any similarly situated properties as around date fixed for specific..........

Showing : 41-50 of 4312 Results