Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Doctrine of merger - Trial court while allowing suit for specific performance had specifically directed that plaintiff shall deposit balance sale consideration with Court within 20 days from date of judgment passed by trial Court - Contention that decree passed by trial Court can be affirmed by High..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Although S.28 of the Act permits judgment debtor to seek rescission of a contract and also permits extension of time by Court yet merely because rescission of contract was not sought by judgment debtor would not automatically result in extension of time...........
Agreement to sell -- Specific performance - Ready and willing - In order to succeed for relief of specific performance, plaintiff has to plead and prove his readiness and willingness throughout...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff pleaded that after defendant no.1 failed to come present before Sub-Registrar, he served legal notice upon defendant - However, no evidence on record to show that plaintiff remained ready and willing to get sale deed executed on said date - Mere fact that defendants No.2 and 3 cannot be held to be..........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment of claim to further performance of remaining part of contract and all rights to compensation can be made at any stage of litigation...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - S.12(3) of the Act can be invoked only where the terms of contract permit segregation of rights and interests of parties in the property...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Power to grant partial relief is discretionary with the Court to be exercised keeping in view the facts and circumstances of each case and the rights and interests of parties involve...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Benefit of S.12(3) of the Act can not be rejected on the short ground that it was not incorporated in the plaint or was not set forth in writing before Trial Court...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment could be made at any stage of litigation including the appellate stage - Claim of plaintiff for grant of benefit u/s 12(3) of the Act was, therefore, rightly not rejected by High Court on the simple ground that it was not made at the trial stage and had been made for the first time at the..........
Agreement to sell -- Suit for specific performance - Ready and willing - Mandate of statue is not dependent upon defence raised by defendant...........
