Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at the stage when suit was pending for final hearing - Suit for specific performance - Amendment sought to raise the plea that suit is barred by Ss.20 & 34 of Specific Relief Act - Defendant made statement that he will not lead any evidence on the amendment sought - Amendment sought..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Suit for specific performance - Default in making payment of balance consideration - Consequences of - Held, once it is held that direction to make payment of balance consideration within stipulated period is incidental in nature and the fact that O.20.R.12-A of CPC nowhere provides the consequences of dismissal of suit for..........
Specific Relief Act, 1963, Section 16 -- Agreement to sell - Suit for possession by way of specific performance - A bald assertion that agreement to sell had been made by plaintiff in connivance with defendant No.1 subsequent to execution of sale-deed in favour of defendant/appellants - No evidence was led towards substantiating assertion - No finger and handwriting expert..........
Agreement to sell -- Suit for specific performance - Suit can be filed on the basis of unregistered documents and also upon an oral agreement - Lack of notorisation or registration does not disentitle plaintiff to the relief...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Protecting the suit property - Can be granted only upon plaintiff performing his part of the contract which the plaintiff is required to be ready and willing to perform at all material times including at the time of filing the suit - This would be only upon payment of..........
Agreement to sell -- Suit for specific performance - Readiness and willingness - As per defendants they have not taken any amount from commission agent, but commission agent depicted huge outstanding amount from defendants and on that pretext, obtained signatures and thumb impressions on blank stamp papers, blank documents bearing revenue stamps and in the register by..........
Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest is a separate and independent right under the later part of agreement - It does not in any manner,..........
Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, agreement as to payment of interest does not extend the date of performance - The date of performance expressly fixed remains..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Agreement to sell - Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest would be available for a period of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Held, in a suit for specific performance, only the issues relating to specific performance i.e., whether defendant executed agreement/contract and whether such contract should be specifically enforced or not would arise - Scope of the suit for specific performance cannot..........
