Agreement to sell -- Suit for specific performance - Relief of specific performance - Relief of specific performance can be denied if suit is filed on the last day of limitation...........
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 - Limitation - Notice by plaintiff to execute sale deed - Refusal by defendant - Suit filed within three years of such refusal - No evidence led by defendant to show that there was refusal on his part earlier also - No such refusal could be made by him as plaintiff had performed his part of contract and defendant was put..........
Limitation Act, 1963, Section 21 -- Suit for specific performance of entire property and court - fee paid on entire consideration, party entitled to benefit of contract not joining as plaintiff arrayed as defendant - Transposition of defendant as 3rd plaintiff - Objection that suit agreement falls into two parts - one - half of property proposed to be purchased by original..........
Agreement to sell -- Suit for specific performance - Whether time essence of contract - One of the terms was that vendee to pay interest on balance amount in case she fails to get the sale deed registered after obtaining Urban Land Ceiling certificate by vendor - No time fixed for getting the sale deed registered - Vendor issued notice requiring vendee to complete all..........
Agreement to sell -- Ready and willing - Filing of suit within period of limitation does not absolve the vendor-plaintiff from showing as to whether he was ready and willing to perform his part of agreement and if there was non-performance was that on account of any obstacle put by the vendor or otherwise. (Specific Relief Act, 1963, S.16(c)...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for specific performance - Plaint - Amendment - `Ready and willing' sought to be specifically pleaded - Pleading already there that plaintiff approached the defendants with the balance of consideration amount but the defendants continued to avoid - Expiry of limitation for suit for specific performance of contract to..........
Agreement to sell -- Suit for specific performance - Limitation - No clause in agreement stipulating time for execution of sale deed - Notice served on defendant to register sale deed and to perform contract - Suit filed within three years from date of such notice - Held, suit is not barred by limitation. (Specific Relief Act, 1963, S.16, Limitation Act, 1963, Art.54)..........
Agreement to sell -- Suit for specific performance - Plaintiff wanted to get a usufructuary mortgage - He cannot become the owner - The mortgagor has always the right to redeem the property within limitation - Court would not give directions to the respondents to execute a usufructuary mortgage in favour of the plaintiff - Advance paid ordered to be refunded alongwith..........
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..........
