Showing : 531-540 of 1934 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Agreement to sell-- Specific performance - Unregistered agreement to sell - When an unregistered agreement to sell is tendered in evidence, not as evidence of complete sale but as proof of agreement of sale, deed can be received in evidence making an endorsement that it is received only as evidence of an oral..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Eviction suit - Where tenant admitted the relationship of tenancy and period of lease agreement but resisted landlord's claim by setting up a defence plea of agreement to sale and also filed suit for specific performance, which of course is contested by landlord, such..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16(c)-- Agreement to sell - Suit for specific performance - Prayer for possession also made in the suit - Plaintiff can be permitted to rely upon the agreement to sell by duly exhibiting the same - Held, refusal to exhibit the agreement on the ground that it is not registered is not justified...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Agreement to sell - Suit for permanent injunction filed after a gap of one year of the date fixed for execution of the agreement - Held, suit for permanent injunction is not maintainable in the absence of relief prayed for specific performance of the agreement...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Suit barred by limitation - Long delay of 15 years in presenting the suit - In such circumstances, it matters little that execution of agreement and readiness and willingness on the part of plaintiff to perform his part of contract is proved...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Suit barred by limitation - Fifteen years of inactivity of plaintiff and unexplained delay of eight years after sanctioning of mutation of inheritance in the name of defendant, in presenting the suit - Nothing on record to assure the Court that plaintiff was diligent in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - Court has..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Agreement a contingent contract depending upon certain conditions - Those conditions unfulfilled - If any of the conditions is not fulfilled seller is not bound to sell suit property and complete the sale even if purchaser waived the said conditions - Since agreement to sell..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 19(b)-- Specific performance - Bona fide purchasers in good faith - There is neither any pleading nor any evidence on record that defendants were bona fide purchasers - Plaintiff on the other hand specifically averred and proved that he was put in possession of entire property by way of part performance..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Evidence on record shows that plaintiff had not arranged money to pay balance consideration - Mere oral evidence of plaintiff and witnesses with regard to payment of different sums on different dates towards part consideration is not believable -..........

Showing : 531-540 of 1934 Results