Agreement to sell -- Suit for specific performance - Delay - Relevant factors are : (i) Delay running beyond the period prescribed under the Limitation Act; (ii) Delay in cases where though the suit is within the period of limitation, yet : (a) due to delay the third parties have acquired rights in the subject-matter of suit; (b) in the facts and circumstances of the case,..........
Agreement to sell -- Suit for specific performance - Delay - When a ground to deny relief - Sale agreement executed on 20.2.1977 and sale deed was to be executed on 19.7.1977 - Last notice issued on 26.11.1978 - Suit filed within nine months - Delay cannot be invoked to deny relief to plaintiff...........
Agreement to sell -- Suit for specific performance - Delay or laches - All payments due to the vendor made by vendee and vendee put into possession - Only thing that remained to be done was execution of sale deed by vendor in favour of the vendee - Notice given by vendee after four years of execution of agreement - Held, no delay or laches can be inferred on part of..........
Agreement to sell -- Suit for specific performance - Grant of specific performance is a discretionary relief - Ordinary rule is that specific performance should be granted and it can be denied only when equitable considerations point out its refusal and circumstances show that damages would be adequate relief - Appreciation in value of property over years since agreement..........
Agreement to sell -- Suit for specific performance - Alternative prayer for liquidated damages/compensation - No fault can be attributed to the plaintiff - Plaintiff was always ready and willing to perform his part of the contract and had gone to the Court complex with money on the appointed days - No averments of fraud pleaded - No allegation that plaintiff had breached..........
Agreement to sell -- Suit for specific performance - Where a contract is proved in accordance with law and party has acted without undue delay and has pursued its remedy in accordance with law without infringing the settled canon of equity the grant of specific relief by enforcing the contract would certainly be a relief which equity demands...........
Specific Relief Act, 1963, Section 20 -- Principles contained in clauses (a), (b) and (c) of sub-section (2) of Section 20 not exhaustive - Court's discretion to decline grant of specific performance not confined to them - Special cases when good and reasonable ground for not exercising this discretion - Court will not hesitate to exercise that discretion against the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought at the final stage of suit - By amendment petitioner sought to specifically deny the execution of agreement to sell - In normal course this alternative plea would have been allowed but as in the instant case it is sought after 10 years of..........
Agreement to sell -- Suit for specific performance - Time when essence of the contract - Time limit specified in the agreement would have relevance and cannot be ignored with impunity - Agreement provided six months period for completing sale - Plaintiff sitting quiet for 2-1/2 years without taking any steps to perform his part of contract - Delay was coupled with..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections -Agreement to sell in favour of objector executed prior to order of attachment -Suit for specific performance also pending in which an order of injunction passed restraining transfer of property - Objections to attachment filed without delay -Trial Court dismissed objections without affording a chance..........
