Showing : 11-20 of 2550 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Suit for specific performance - Agreement to sell though in fact is sale deed but since sale is not complete as it is not registered as such suit filed by plaintiff for direction to defendant to get the same registered and enforced is maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Suit for specific performance - Limitation - Date not fixed for performance of contract - Limitation begins to run from the date plaintiff has notice of refusal by defendant - No finding of Court that performance was refused - Suit not barred by limitation. (Limitation Act, 1963, Art.54)...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Suit for specific performance - Plaintiff in continuous possession of property uninterruptedly during all these years - Plaintiff also paid the entire sale consideration - Equity for grant of relief of specific performance is in favour of plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 14-- Agreement to sell - Specific performance - Unless the case falls u/s 14 of the Act, contracts are enforceable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Absence of stipulation of enforcement of agreement through Court of Law - Enforcement of agreement through Court is not dependent on contract between the parties providing for a stipulation that in case one of the party does not perform or honour the agreement to sell,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date..........
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: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Failure on the part of plaintiffs in not paying monthly instalments, not collecting rent from tenant living in suit property, not paying house tax etc., not taking action for eviction of tenant, shows that they were not ready and willing to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Pleading and proof - Requirement of necessary averment in plaint - Mere want of objection by defendant in written statement is hardly of any effect or consequence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Pleading and proof - Not even a remote suggestion in plaint averments that plaintiff had performed or has always been ready and willing to perform his part of the contract - Testimony of plaintiff lacking in material assertions of readiness and..........

Showing : 11-20 of 2550 Results