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BOMBAY HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Protection of possession u/s 53-A of the Act - Suit for specific performance - Plaintiff remained inactive for a period of more than 8 years - Since correct steps were not taken by plaintiff suit was barred by limitation - Plaintiff thus, not ready and willing to perform his..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Pleading and proof - Not even a remote suggestion in plaint averments that plaintiff had performed or has always been ready and willing to perform his part of the contract - Testimony of plaintiff lacking in material assertions of readiness and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant - Substitution of LRs - Suit for specific performance - If out of all the LRs, majority of them are already on record and they contested the case on merits, it is not necessary to bring other LRs on record - Reason is that estate and interest of deceased devolve on LR is..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Unregistered agreement to sell - There is no prohibition under proviso to S.49 of Registration Act for receiving an unregistered document as evidence of contract in a suit for specific performance. (Registration Act, 1908, Ss.17(1-A), 49)...........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Suit for specific performance - In the absence of any evidence, bald insinuations made by appellants and their predecessor-i, interest against previous advocate does not constitute a ground to vacate ex-parte decree...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - From a reading of averments in plaint, it cannot be said that suit is barred by limitation - Issue as to when plaintiff had noticed refusal is an issue which can be adjudicated after trial - Application dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff failed to prove his presence before office of Sub-Registrar on stipulated date - Readiness and willingness on the part of plaintiff not proved - Dismissal of suit despite admission of vendors with regard to execution of agreement to..........

No Result Found