Showing : 11-20 of 2648 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Mere fact that bank has assessed financial capacity of plaintiff while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in facts of the case to hold that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Self serving statement of income - Cannot be relied upon in absence of proof of financial resources to return a finding that plaintiff was ready and willing to perform her part of the contract...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Held, this is a reciprocal promise and was an essential part of the agreement to sell...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Vendee did not pay rent for 13 long years - Vendee did not act in a proper manner - Equity is totally against him - Vendee is not entitled to claim discretionary relief of specific performance of agreement..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Specific averment in plaint that plaintiff is ready and willing to perform his part of the contract - Plaintiff had sufficient money to pay the balance consideration - First defendant had been avoiding the specific performance of agreement of sale - All formalities which are..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Theory of extension of time for completion of contract demolished - Readiness and willingness on part of plaintiff gets completely weakened - Plaintiff not entitled to decree of specific performance...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Plaintiff found not entitled to decree of specific performance - Earnest money of Rs.5,000/- paid in 1980 - Ends of justice would be met if some compensation is paid over and above return of earnest money - Plaintiff to pay a sum of Rs.5 lakhs in lieu of return of earnest..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Plea of plaintiffs as regards their readiness to perform contract as per its conditions did not meet with categorical denial from defendants - Recitals in supplementary agreement even suggest about vendors having delivered possession of property,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Admission of plaintiff no.2 that she was not possessed of sufficient funds cannot be read in isolation and it cannot be concluded that she was not possessed of sufficient means to pay balance sale consideration, as her husband had expired and she..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 52-- Sale pendente lite during pendency of suit for specific performance - Sale is hit by S.52 of the Act - Such sale transactions in favour of subsequent purchasers shall have no adverse effect on rights of plaintiffs and shall remain subject to final outcome of suit in question...........

Showing : 11-20 of 2648 Results