Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance filed within limitation cannot be dismissed on sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could..........
Specific Relief Act, 1963, Section 54, Limitation Act, 1963, Section 21 -- Substitution or addition of new defendant - Suit for specific performance - Transferee to whom subject matter of sale agreement or part thereof is transferred is a necessary party to suit for specific performance - However, by the time vendee filed an application to implead transferee, suit for..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for specific performance - Plaintiff specifically pleaded that period of 6 months for completion of transaction is contingent upon certain compliances and agreed period of 6 months is extended only because defendants sought for extension of time - Questions whether agreed..........
Agreement to sell -- Specific performance - Limitation - If any permission is to be obtained prior to performance/completion of contract, mere fact that defendant has not obtained said permission does not lead to inference that no cause of action for filing the suit for specific performance has arisen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plea that suit is barred by limitation - If Court finds that suit is barred by law of limitation on the averments made in the plaint, then plaint shall be rejected...........
Agreement to sell -- Specific performance - Limitation - Telegram followed by a letter by defendant to plaintiff that agreement to sell has come to an end and that earnest money is forfeited - On receipt of such letter, limitation starts to run - Suit filed by plaintiff is beyond time prescribed i.e. three years. (Limitation Act, 1963, Art.54)...........
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..........
Agreement to sell -- Specific performance - Agreement in question was executed as a security for repayment of loan - Date for execution of sale deed was extended despite plaintiff having paid more than 95% of sale consideration - Had it been true that parties actually intended to sell/purchase land and plaintiff had paid Rs.5,80,000 out of 6 lakhs without his being in..........
Agreement to sell -- Suit for specific performance - Plea of limitation - Once there was an endorsement dated 23.09.1997 to the effect that defendant would intimate decision of pending case to plaintiff, thereafter, within one year from the date of intimation, plaintiff would get sale deed executed, limitation cannot be reckoned from 23.09.1997 - First appellate Court..........
Limitation Act, 1963, Article 113 -- Limitation - Suit for specific performance - Suit land was subjected to acquisition - However, acquisition proceedings came to be quashed and set aside at the instance of plaintiff - Plaintiff thereafter served a legal notice upon defendants calling upon them to execute sale deeds, which came to be refused by reply notice and thereafter..........
