Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
Agreement to sell -- Specific performance - Bonafide subsequent purchaser for value without notice - Enquiry not made as to who is in cultivating possession of suit land - Jamabandi also not looked into to know as to who is cultivating the land - Having his own agricultural land adjoining the land in question, visiting the place frequently, cannot be ignorant and is..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchase - Bonafide purchaser - Burden of proof - Suit for specific performance of agreement to sell - Burden lies on subsequent purchaser to prove that he is a bonafide purchaser without notice of the prior agreement -Plaintiff not to show that..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent/bonafide purchaser - Denial of having no notice of previous agreement - Discharge of onus - Shifting of burden - Depends on facts and circumstances of each case - No hard and fast rules can be laid down - In some case, even mere denial by subsequent..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bonafide purchaser - Court empowered to grant specific performance against transferee of the property - Exception - Where the subsequent transferee has paid money in good faith without notice of original contract...........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser for consideration - Requirements - Agreement to sell - Before the date fixed for execution of sale deed, property sold by vendor to subsequent vendee - Suit for specific performance by original vendee - In the written statement by subsequent vendee vague plea taken to the effect that he was not having..........
Specific Relief Act, 1963, Section 19(b) -- Suit for specific performance - Subsequent bonafide purchaser for consideration without notice - Plaintiff had issued an advertisement in a leading daily newspaper - Suit land and land of subsequent purchaser adjacent properties - Agreement to sell and sale deed attested by one person - Time gap between prior agreement to sell..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance of agreement to sell - Application for amendment of written statement by subsequent purchaser to the effect that agreement was unconscionable - Vendor had not taken such plea - Subsequent purchaser had no independent right to challenge validity of agreement..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff having failed to show his readiness and willingness cannot take advantage of subsequent bonafide purchaser for consideration without any notice of previous agreement to sell. (Specific Relief Act, 1963, S.16(c)...........
