Showing : 31-40 of 331 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration and possession - Defendant never disputed ownership of plaintiff over suit land - He claimed his possession over suit land in pursuance to agreement executed in his favour by father of plaintiff - However, since suit for specific performance filed by defendant was dismissed,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea relating to readiness and willingness - It is a finding of fact and cannot be disturbed in second appeal and was binding on High Court, particularly, when first Appellate Court had recorded its finding by appreciating the entire evidence on..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Agreement to sell - Suit for declaration and mandatory injunction - Suit filed almost after 12 years from the date of agreement - Suit not filed for specific performance - It is a misconceived suit - Suit was rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Letter Patents Appeal-- Clause 15 - Letters Patent Appeal - Maintainability - Judgment - Suit for specific performance - Order allowing amendment of plaint by impleading respondent no.3 as plaintiff no.3 on basis of alleged assignment of agreement decides vital question concerning rights of parties and hence it amounts..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 10-- Impleadment of respondent as plaintiff no.3 as assignee - Suit for specific performance - Application filed after 27 years of filing of suit - No explanation offered for such inordinate delay - High Court was not right in holding that mere transfer/assignment of agreement will be sufficient to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - Plaintiff performed his part of contract, as he paid the advance amount in terms of agreement and also sent notice to defendant for execution of sale deed - But it was not adhered to by defendant and they executed sale deed in favour of defendant no.6 -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Defendant denied his entitlement, right, title and interest in the suit property - Said question is necessary to be answered before decreeing the suit...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - Plaint and documents on record shows that it was specifically pleaded that buyer was ready and willing to perform his part of contract - Even evidence of PW1 proves readiness and willingness on part of buyer, as buyer has taken prompt steps to file suit..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - Unequivocal repudiation of agreement - Suit filed one year and eleven months thereafter - No prudent person would stay quiet for such a period if he is really interested in going ahead with the sale transaction - The only inference which can be drawn is..........

Showing : 31-40 of 331 Results