Agreement to sell -- Specific performance - Plea of violation of Fragmentation Act - Suit filed after repeal of Fragmentation Act - Suit can be decreed without there being any violation to law once Fragmentation Act itself had been repealed - Moreover, defendants received the full consideration and had also transferred the possession of property in question, as such other..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Agreement to sell -- Specific performance - Readiness and willingness - Denial of execution of agreement by vendor/owner - S.16 of Specific Relief Act itself enjoins the purchaser to establish his readiness and willingness to perform his/her part of agreement regarding which one cannot seek any escape merely on account of denial of execution of agreement by vendor/owner...........
Agreement to sell -- Specific performance - Limitation - Time was not the essence of contract, therefore, first part of Art.54 of Limitation Act will not be applicable - Second part of Art.54 of Limitation Act will apply and limitation of three years starts from the date when plaintiff has notice that performance has been refused...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Concurrent findings on record that khatedari rights accrued to defendants in the year 2013 and therefore in terms of S.13 of Specific Relief Act, plaintiff entitled to ask for specific performance - Both the Courts below also found that said ground was not raised by defendants in..........
Specific Relief Act, 1963, Section 12 -- Part performance - Plaintiff contended that at least towards advance amount, certain plots could be sold to him - Contention rejected, as payment of entire sale consideration is mandatory for part of performance of contract...........
Agreement to sell -- Registration - Suit for specific performance - Document not falling under S.17(1A) of Registration Act, 1908 - Unregistered agreement to sell is admissible in evidence in a suit for specific performance. (Registration Act, 1908, Ss.17(1A), 49 Proviso)...........
Agreement to sell -- Specific performance - Relief of possession - Relief of possession is ancillary to the decree for specific performance and need not be specifically claimed - Even if prayer for possession is not specifically made, still said relief is implicit and Court has jurisdiction to deliver possession even without praying for possession - S.22(2) of Specific..........
