Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Agreement to sell -- Specific performance - Imperfect title - Period of limitation cannot be extended by taking a plea of an imperfect title or lack of title as contemplated u/s 13(1) of Specific Relief Act and that there was bar to alienate in view of S.52 of T.P. Act, particularly when plaintiff failed to establish readiness and willingness on his part of performing the..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Six months time prescribed for performance of sale, as defendants themselves issuing a telegraphic notice calling upon plaintiffs to perform their part of contract - Defendants have not honoured the same by executing sale deed in favour of plaintiff - Suit filed within 3 years of period of..........
Agreement to sell -- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to defendant by plaintiff - However, defendant denied the said..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Expiry of period of limitation - No bar for a person in possession of an immovable property in part performance of a contract for transfer for consideration to assert the shield of S.53A of Transfer Property Act...........
Agreement to sell -- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff had already paid more than 50% of sale consideration to..........
Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 10 -- Suit for specific performance of contract - Limitation period of three years - Commencement of - Period starts from date on which plaintiff has notice that performance is refused...........
Specific Relief Act, 1963, Section 20, Limitation Act, 1963, Section 54 -- Suit for specific performance - Limitation - Even if no time is fixed for performance of contract, limitation starts to run from the date of denial or refusal - Agreement executed in the year 1978, legal notice sent in the year 1990 but suit filed in the year 1993 inspite of vendee being aware of..........
Limitation Act, 1963, Article 16, 20, Contract Act, 1872, Section 55 -- Aggrement to sell - Suit for specific performance - Decreed - Appeal - Grant of decree for specifric performance objective on the ground of gross delay in filling of suit - Limitation of 3 years from the date fixed for execution of sale deed - suit filed within one year of last date of execution of..........
Contract Act, 1872, Section 55, Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 20, 21 -- In a suit for specific performance of contract in respect of any immovable property, time would ordinarily not be the essence of the contract...........
