Showing : 31-40 of 1666 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Validity - Suit for specific performance - Plaintiff and defendant are closely related to each other - No payment was made by plaintiff at the time of execution of agreement to sell to defendant - Agreement was prepared later in point of time in order to cause loss to subsequent purchasers as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Agreement to sell - Suit even when filed after accrual of cause of action to file suit for specific performance, plaintiff is entitled to seek relief of injunction by proving that he is in settled and permissive possession of suit property...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Stay of execution - Decree for specific performance - Suit filed within ten days of the date mentioned in the agreement - Averments of readiness and willingness in plaint - Stay application rejected...........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Before commencement of trial - Relief of specific performance sought by way of amendment in the suit for permanent injunction - Pleadings necessary in suit for specific performance have been taken to some extent in original plaint and further pleadings are now sought to be..........
DELHI HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Maintainability - Termination of agreement prior to filing of suit - Merely because no declaration is sought that termination is illegal, it cannot be said that suit for specific performance is not maintainable...........
DELHI HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suits for specific performance - Maintainability - Suppression of material facts - Suits are at the stage of framing of issues - Proceedings before Tehsildar and revenue authorities are alleged to be concealed by plaintiff - Though, proceedings before Tehsildar and revenue authorities ought to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Two tests are to be satisfied: (i) there must be a right to some relief against plaintiff in respect of suit property; (ii) that in absence of petitioners no effective adjudication can be made by trial Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for specific performance - Suit barred by time - Payment of further amount after expiry of period of limitation to file suit does not extend the period of limitation to file suit - Suit filed after expiry of limitation to file suit is barred by limitation - Plaint..........

Showing : 31-40 of 1666 Results