Showing : 1-10 of 327 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13-- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment of transferee pendente lite on the ground that heirs of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32-- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 3, Rule 4-- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Delay in filing suit - So long as a suit for specific performance is filed within period of limitation, delay cannot be put against the plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Once it is proved that vendor did not perform her part of contract, failure on the part of vendee to demonstrate that he was having sufficient money with him to pay balance sale consideration under agreement to sell by date of his evidence is not much of consequence - Suit..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for specific performance - Plea that pages 3 & 4 of the agreement are tampered and their signatures are fabricated - When specific issue is already framed regarding agreement being tampered and fabricated as alleged by defendant, it cannot be said that there are..........
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..........

Showing : 1-10 of 327 Results