Showing : 131-140 of 2550 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific relief - Grant of relief of specific performance is discretionary and parties cannot claim it as a matter of right although it is lawful but such discretion should be exercised judicially and prudently. (Specific Relief Act, 1963, S.20)...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Possibility of injury to the interest of third party does not by itself disentitle plaintiff from specific performance, but it depends upon facts and circumstances of each case which will be considered by Court in exercise of its discretion. (Specific Relief Act, 1963,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plaintiffs put into possession of entire land in pursuance of agreement to sell - Decree passed in favour of plaintiff in 1987 regarding possession in an independent suit is indicative of fact that plaintiffs were in possession - Since plaintiffs are in possession of suit..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to add expression `willing' after expression `ready' in plaint - Certain other amendments were also sought, which are clarificatory in nature - Plaintiff stated that due to mistake by earlier counsel, certain averments which..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Sale agreement executed with defendant No.1 - Land belonging to defendant No.2, in whose favour land is mutated on basis of Will - In revenue suit filed by defendant No.2 against defendant No.1 said Will was produced and property was found to be in possession of defendant..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), Specific Relief Act, 1963, Section 19-- Impleadment of co-owners as defendants - Suit for specific performance - Petitioners sought their impleadment on basis that they are co-owners in possession and enjoyment of suit property along with defendants - They will be proper parties to suit which will enable Court effectually and completely..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Sale deed executed but could not be registered - Suit for specific performance on the basis of unregistered sale deed is maintainable, as this is the only remedy which is available to plaintiff...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
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..........

Showing : 131-140 of 2550 Results