Agreement to sell -- Specific performance - Laches - Defendant contended that suit filed by plaintiff after 33 months from date of execution of an agreement to sell suffers from laches - However, no date, time or period for performance of agreement to sell has been specified - In such circumstances, cause of action in favour of plaintiffs arose when defendants inspite of..........
Agreement to sell -- Specific performance - Defendants did not plead that price of land agreed to be sold have increased and therefore they have suffered prejudice - Therefore, findings of appellate Court that during period of 33 months i.e from date of execution of agreement, prices of land might have increased manifold is erroneous, particularly when entire sale..........
Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 9 -- Letter Patent (Mad), Cl.15 - Grant of leave - Revocation - Defendant seeking revocation of leave granted to plaintiffs on the ground that suit property is situated outside jurisdiction - Maintainability of suit - Admittedly, agreement for sale was executed only within jurisdiction of this Court and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of sale deed - Plea of defendant that full consideration was not paid - Execution of sale deed not denied by defendant - All the right, title and interest over the suit property stand transferred in favour of plaintiff even if case of defendant is accepted that plaintiff..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
Agreement to sell -- Specific performance - Plaintiff admittedly entered into compromise decree in earlier suit filed by defendant and admitted nearly 13 years after execution of agreement of sale, that defendants were owners of suit property - Plea of an agreement of sale not taken by plaintiff in said suit - Even plaintiff also admitted subsequent suit filed by him..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objections by subsequent purchaser - Subsequent purchaser may not be entitled to raise a plea challenging correctness of agreement of sale of which specific performance has been sought as petitioner being subsequent purchaser after passing of decree possibly cannot raise any such plea -..........
Agreement to sell -- Specific performance - Defendant specifically acknowledged execution of agreement in question - Plaintiff remained present in Tehsil compound along with balance sale consideration and expenses required for execution of sale deed, but it was defendant who did not turn up - Plaintiff always was and still ready to perform his part of agreement, as..........
Specific Relief Act, 1963, Section 28, Limitation Act, 1963, Article 54 -- Specific performance - Limitation - For depositing balance sale consideration - Period of 3 years has to be taken as reasonable time, within which a DH in a suit for specific performance could deposit balance sale consideration, particularly when decree sought to be executed did not stipulate any..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - Out of Court settlement - Judgment-debtor should not have taken the risk of warding off a decree by an out of court settlement by a doubtful document - This fatal mistake has to be to his peril - No person of reasonable intelligence would accept such a defence against decree..........
