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SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Defendant No.1 sold the property to Defendant No.2 who thereafter sold the property to defendant No.3 before filing of the suit for specific performance - Plaintiff did not ask for their cancellation - It stands in the way of a decree of specific performance - Suit rightly..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 20-- Decree of specific performance - Appeal to Supreme Court - Three Courts below concurrently decreed the suit in favour of plaintiff on appreciating the evidence in their respective jurisdiction and discretion - Such findings are binding on Supreme Court, particularly when such findings were neither..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Agreement shrouded in mystery - Money taken for treatment as vendee was serious ill at that time - Land could not have been sold for a paltry sum - Suit filed after six years of execution of agreement even when substantial consideration was paid which shows that agreement..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 31-- Cancellation of agreement to sell - Seller filed the suit for cancellation of agreement and possession - Purchaser filed suit for specific performance - Purchaser failed to fulfill his obligations under agreement to sell and could not establish that he was ready and willing to perform his part of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Suit for specific performance - Limitation - Cause of action to file the suit arose on expiry of period mentioned in the agreement i.e 31.12.1989 for its performance as provided in Art.54 of the Act - Suit filed immediately within 10 days on 10.1.1990 - Suit is filed within time. (Limitation Act,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Subsequent purchaser - Impleadment - Suit for specific performance - A purchaser is a necessary party as he would be affected if he had purchased with or without notice of contract, but a person who claims adversely to claim of a vendor is, however, not a necessary party...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Subsequent purchasers - Impleadment - Suit for specific performance - When plaintiff wants to implead certain persons as defendants on the ground that they may be adversely affected by the outcome of suit, then interest of justice also requires allowing such a prayer for impleadment so that..........

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