Showing : 531-540 of 1815 Results

BOMBAY HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Delay in institution of suit but suit filed within time - In the matter of delay what has to be considered is not the mere physical running of time - The relevancy is only as to whether on account of such delay any equities have arisen in the defendants, which it would be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Subsequent purchasers - Plea of bonafide purchaser - Plaintiff has led voluminous evidence to substantiate his plea that subsequent purchasers had knowledge of agreement to sell in his favour - Testimony of plaintiff in this regard finds due corroboration from the statements..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Prior agreement to sell - Mere agreement to sell does not create any interest in the petitioner enabling him to intrude in a suit filed by plaintiff - Moreover, in a suit for specific performance, a stranger or third party to contract cannot..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Plea of hardship - Plea that suit property is the only residential house - Plea rejected as defendant at the time of entering into agreement to sell knew that suit premises was his only residential house - Defendant, thus cannot maintain that he could not forsee the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Defendant contended that agreement was forged and fabricated document but failed to prove the same - He did not even examine any expert to compare the disputed signatures on agreement with his standard signatures - Plaintiff on the other hand proved due and valid execution..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Suspicious circumstances - Plaintiff failed to prove all the aspects and there is no satisfactory evidence about the execution of agreement, payment of consideration, delivery of possession and terms of contract - There is strong suspicion about stamp paper on which..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Rise in prices after agreement - Subsequent rise in price will not be treated as a hardship entailing refusal of decree for specific performance - Rise in prices is a normal change of circumstances and therefore on that ground a decree for specific performance cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Relief of - A party is not entitled to get a decree for specific performance merely because it is lawful to do so - However, once an agreement to sell is legal and validly proved and further requirements for getting such a decree is established then Court has to exercise its..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Relief of - Consideration of Rs.16.10 lakhs - Agreement executed in the year 2003 - Property prices increased by not less than five times - Appellant should pay a total consideration of Rs.25 lakhs - On payment of Rs.25 lakhs less already paid, defendant owner shall execute..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Ready and willing - Evidence on record shows that plaintiff was always ready and willing to perform his part of contract and was keeping the balance sale price ready - Plaintiff also expressed his willingness by issuing notice to defendants for execution of sale deed within..........

Showing : 531-540 of 1815 Results