Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Extension of time to deposit balance sale consideration - Delay of 853 days in filing application - No sufficient explanation given for delay in filing application for extension of time - Nothing on record to show that in between any notice was given to..........
Mutation -- On the basis of registered sale deed - Cannot be set aside in appeal filed by person claiming right merely on the basis of agreement of sale...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Agreement to sell -- Specific performance - Defendant received entire sale consideration - Responsibility to get sale deed registered was on defendants - Plaintiff has proved that she had made a request to defendants to get sale deed registered and executed in her favour - She also proved her possession over suit property as purchaser - Suit rightly decreed in favour of..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was present before Sub-Registrar office with remaining amount but defendant did not come to office of Sub Registrar for registration of sale deed - There is no contrary evidence to this effect - Plaintiff was ready and willing to perform her part of contract as per agreement to sell - Suit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for cancellation of sale deed - Defendant during pendency of suit entered into agreement to sell with applicant in respect of part of suit land - However, applicant entered into agreement to sell being aware of pendency of litigation between plaintiffs and defendant - Application for impleadment..........
Agreement to sell -- Specific performance - Earlier ex parte decree granted in favour of plaintiff set aside - Defendant no.2 was impleaded as party on account of subsequent sale deed but defendants had not contested the case - Trial Court again proceeded ex parte against defendants and cancelled the sale deed executed in favour of defendant no.2 and directed specific..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Suit is at the stage of recording of evidence of defendant - Relief of specific performance was sought in counter claim by way of amendment - Application for amendment filed after almost 5 years from filing of counter claim - No plausible explanation given by defendant for not claiming relief of..........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
Agreement to sell -- Specific performance - Readiness and willingness - There must be clear and unambiguous proof of a notice as required u/s 16(c) of Specific Relief Act and Forms 47 & 48 of Appendix A of CPC, 1908 - In the instant case plaintiff did not give any notice to defendant of execution of sale deed - Suit for specific performance fails - Defendant shall return..........
