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Results of specific performance suit

Showing : 831-840 of 1874 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Agreement to sell -- Suit for specific performance - Ordinarily when agreement to sell is proved, relief of specific performance should be granted...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Agreement to sell -- Suit for specific performance - Plea of hardship - Plea that sale of disputed shop will cause hardship as it was the only shop owned by him - Agreement to sell was genuine transaction with intention to sell the disputed property and it was not entered into as collateral transaction or security for loan amount - It cannot be said that specific..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-owner of vendor - Specific performance suit - Exercise of power by Court - Held, other co-owner, who is sought to be impleaded as additional defendant, can be impleaded as a proper party and the issue can be examined whether plaintiff is entitled to specific performance of agreement in respect of share..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Suit for specific performance - Held, it is mandatory to allege by the plaintiff that he was always ready and willing to perform his part of the contract...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Agreement to sell -- Specific performance - Plea of fabricated document when once fails then all other defences taken by defendant such as readiness and willingness of plaintiff and there is no requirement of selling the suit property are all being supplementary, based on which, equitable relief of decreeing the suit cannot be refused when it is otherwise legal and..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Agreement to sell -- Specific performance - Ready and willing - Plaintiff must plead and prove - Continuous readiness and willingness on the part of plaintiff is a condition precedent - Conduct of plaintiff prior and subsequent to the filing of suit along with other attending circumstances are relevant factors for grant of relief of specific performance. (Specific Relief..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Agreement to sell -- Specific performance - Once discretion is exercised by lower Court then unless that discretion exercised is capricious, appellate Court should not interfere since another possible result could have come in the suit...........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of party in appeal - Specific performance of contract - Specific issue framed with regard to necessary party having not been impleaded - Suit dismissed on that ground - Plaintiff sought impleadment of party in appeal - Held, since trial of suit is complete, consequence of addition would involve a de novo trial,..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Specific Relief Act, 1963, Section 16(c) -- Ready and willing - In a suit for specific performance plaintiff must allege and prove a continuous readiness and willingness to perform the contract on his part from the date of the contract - Onus to prove is on the plaintiff - Readiness and willingness must be established throughout the relevant points of time and the same has..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Specific Relief Act, 1963, Section 20 -- Agreement to sell - Suit for specific performance - Relief of specific performance - Plaintiff failed to pay installments as stipulated in the agreement - Plaintiff issued notice repudiating suit agreement - Decree of trial Court granting relief of specific performance, set aside...........

Showing : 831-840 of 1874 Results