Agreement to sell -- Specific performance - When an agreement to sale is executed but it cannot be specifically performed without permission or sanction of any authority, suit can be decreed and decree for specific performance can be granted subject to obtaining such permission/sanction from competent authority...........
Agreement to sell -- Specific performance - Previous sanction before conveyance - Conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with S.17 of Registration Act - Till then there is no conveyance - Therefore, there is no bar to enter into an agreement to sell without previous sanction. (Maharashtra Land Revenue Act,..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant was paid more than 85% of agreed amount of consideration - He did not return the same to plaintiff nor expressed willingness to refund the same in his notice - Defendant has enjoyed 85% of consideration and also retained possession of plot for the last 12 long years - Readiness and..........
Agreement to sell -- Specific performance - Time was not essence of contract - Agreement was executed on 6 March 2012 - Condition of execution of sale deed within three months from the date of execution was incorporated in the agreement - However in bracket it specified the date 6 July 2012 - There is some inconsistency, as period of three months would come to an end on 6..........
Agreement to sell -- Specific performance - Plaintiff can seek additional as well as alternative relief in the same suit - Claim of such reliefs does not in any way adversely impact primary relief i.e. specific performance of agreement to sell...........
Agreement to sell -- Specific performance - Un-registered agreement to sell vide which possession was delivered - Such an unregistered agreement cannot be accepted being in contravention of provisions of Registration Act, 1908 - Dismissal of suit, upheld...........
Agreement to sell -- Specific performance - Time not essence of agreement - Agreement has to be performed within a reasonable time by taking into view all the surrounding circumstances and nature of property...........
Agreement to sell -- Specific performance - Time was not essence of contract - Suit filed after a long gap of 33 years from date of execution of agreement to sell - No effort was ever made by plaintiff to get sale deed executed in her favour - When plaintiff failed to file suit for specific performance within reasonable time from the date of execution of agreement and..........
Agreement to sell -- Specific performance - Further sale of property much prior to issuance of legal notice and institution of suit in favour of appellant No.7 - No relief sought for cancellation of such sale deed - Suit for specific performance is not maintainable...........
Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
