Agreement to sell -- Specific performance - Sale deed executed but could not be registered - Held, unregistered sale deed can be taken as evidence of a contract in a suit for specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Needs to be proved only when person seeking for specific performance is yet to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Sale deed executed but not registered - Readiness and willingness - When plaintiff is able to prove execution of sale deed and payment of entire consideration amount and also possession of suit property was handed over, there was no need for plaintiff to specifically aver and prove his readiness and willingness, since he already..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Fate of subsequent suit for eviction is depended on fate of earlier suit for specific performance - If defendant succeeds in his suit for specific performance and decree is executed he would become owner of suit property - In such event, defendant would not be entitled to get decree in suit for eviction -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation sought as alternative relief by way of amendment of plaint - Alternative relief of compensation can be claimed at any stage of proceedings as per S.21(5) of Specific Relief Act - Law of limitation does not..........
Agreement to sell -- Decree of specific performance of an agreement to sell does not vest any title in plaintiff/purchaser till conveyance deed of property in terms of decree of specific performance is executed in favour of plaintiff...........
Agreement to sell -- Specific performance - Specific performance of contract can also be enforced against a stranger to the contract if such stranger is claiming under a party to the contract by a title arising subsequently to the contract - S.19(c) also permits specific performance of the contract to be enforced against a stranger claiming under a party to the contract, a..........
Civil Procedure Code, 1908, Section 148 -- Specific performance - Extension of time to deposit balance sale consideration - Delay of 15 days as decree holder was bed ridden - Plea not challenged - Application allowed...........
Indian Contract Act, 1872, Section 73 -- Contract - Breach of contract - In common law, claim for damages is rule and specific performance is an exception - While in civil law, specific performance has traditionally been a prime remedy for breach of contract...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
