Agreement to sell -- Specific performance - Non-compliance of condition as stipulated in agreement by defendant - Condition as agreed between parties to jointly demolish the property and reconstructing the same within a period of five years from the date of agreement - Possession of entire property was never handed over to plaintiff - More so, there is no indication that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no, service of notice to defendant is..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Equitable relief - Hardship to defendant - Defendant is a widow lady having three grown up unmarried daughters - Suit property is the only property of defendant - More hardship would be caused to defendant than to plaintiff if relief of specific performance is granted in favour of plaintiff - Relief of..........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Agreement to sell -- Specific performance - Evidence on record shows that purchaser/plaintiff had applied for prior permission from RBI to purchase the suit property but same was not granted - More so, plaintiff performed its part of bargain by paying the entire consideration before stipulated date - Plaintiff, did everything that he could do before last date stipulated..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell is not in the nature of part performance of contract to sell the suit property - Possession of property was with the purchaser as tenant of property - Effect of continued possession is that said purchaser is entitled to hold property without any rent or user charges as entire consideration..........
Agreement to sell -- Specific performance - Plea of hardship - Agreement proved to be duly executed - Suit property the only residential property of defendant - Relief of specific performance not to be granted when suit property is the only residential constructed property of defendant - Refund of earnest money alongwith 9% p.a. interest payable from the date of payment..........
Agreement to sell -- Unregistered - Suit for specific performance on the basis of unregistered & unstamped agreement to sell is maintainable - Requirement of registration and stamping agreement is only when plaintiff is to take benefit of doctrine of part performance u/s 53-A of Transfer of Property Act. (Registration Act, 1908, Ss.17(1)(b), 49, Stamp Act, 1899, Ss.33, 34,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be affected by present suit - Hence,..........
Suit for possession -- Agreement to sell - Transferee put in possession in part performance of agreement to sell - Entire sale consideration paid - Transferee performed his part of contract and he developed the property by putting efforts and by investing for so many years - Held, transferee is entitled to protect his possession even when his suit for specific performance..........
