Showing : 1-10 of 29 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 54-- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Article 58, 59-- Limitation - Suit for declaration that mortgage deed and sale deed are null and void - Cause of action of suit arose in 1970 when plaintiff got knowledge of sale deed - Suit must have been filed within 3 years of date of knowledge or date of sale deed - Suit filed in 1978 is barred by limitation...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 16(1)(c)-- Agreement of sale - Specific performance - Plaintiff did not get agreement of sale executed by paying remaining consideration amount to defendant Nos.1-4 within stipulated period of 7 months as agreed upon by him under clause 6 of agreement - Suit for specific performance was filed nearly 11..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65-- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to file a suit..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Stamp Act, 1899, Section 47A, 19B(4)-- Proviso (as amended by State of Tamil Nadu) - Limitation to recover deficit stamp duty in respect of registered sale instrument - Sale deed registered in State of Kerala on 1.2.1990 in respect of land situated in Tamil Nadu - Sale deed came to notice of Registrar in State of Tamil Nadu on..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 92-- Sale - Price is the essence of a contract of sale - Payment of entire price is not a condition precedent for completion of sale - If the intention of parties was that title should pass on execution and registration, title would pass to the purchaser even if the sale price or part thereof is not..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 3-- Agreement to sell - Specific performance - Time for performance of agreement not fixed - Sale deed executed in favour of third party and possession delivered - Registration of sale deed amounts to notice - Suit filed after two years of having such knowledge - Suit though not barred by limitation..........

Showing : 1-10 of 29 Results