Showing : 51-60 of 1661 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Service of notice and reply notice - Plaintiff did not produce postal acknowledgement in proof of service of notice to defendant - He himself admitted that he did not receive reply notice - No service effected upon defendant - Service of notice upon defendant and issuance of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 54-- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Failure on the part of plaintiffs in not paying monthly instalments, not collecting rent from tenant living in suit property, not paying house tax etc., not taking action for eviction of tenant, shows that they were not ready and willing to..........
GAUHATI HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Bonafide purchaser - Seller entered into agreement to sell with plaintiff and subsequently sold the suit land to defendants - However, plaintiff fail to show that he was in possession of suit land at the time of execution of sale deeds in favour of defendants by..........
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..........

Showing : 51-60 of 1661 Results