Specific Relief Act, 1963, Section 28 -- Suit for specific performance - Balance sale consideration - Extension of time - Subject matter of suit situated in the city of Hyderabad - Agreement of sale is of the year 1985 - Petitioner filed suit 21 years after entering into agreement of sale - Whole face of the city has undergone a radical change during last decade leading to..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Suit for specific performance - Conditional decree of specific performance - Delay of 4 days in deposit - Condonation of delay - Bona fide unintentional delay in depositing the amount - Even otherwise, no evidence has been led in order to prove that plaintiff/respondent had no money on the..........
Agreement to sell -- Specific performance of contract - Execution of decree - Objections - JD was directed to hand over vacant possession of property in dispute to plaintiff after executing sale deed on receipt of balance sale consideration of Rs. 88,000/- within 60 days from date of decree - However, DH failed to comply with the directions of Court given in decree -..........
Civil Procedure Code, 1908, Section 148, 151 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Extension granted - Amount still not deposited within stipulated time - Extension against sought - Application for second extension not filed before expiry of extended time - Application also vague as it was filed without any affidavit..........
Specific Relief Act, 1963, Section 20 -- State Financial Corporation Act, 1951, S.29 - Contract of sale - Suit for specific performance - Auction sale of assets of defaulting company by State Financial Corporation - Only earnest money deposited by the highest bidder - Property was agreed to be sold for 8.25 lakhs subject to compliance of certain conditions and subject to..........
Specific Relief Act, 1963, Section 20 -- State Financial Corporation Act, 1951, S.29 - Contract of sale - Suit for specific performance - Auction sale of assets of defaulting company by State Financial Corporation - Only earnest money deposited by the highest bidder - Property was agreed to be sold for 8.25 lakhs subject to compliance of certain conditions and subject to..........
Civil Procedure Code, 1908, Section 148 -- Decree for specific performance of contract - Application for extension of time to deposit the balance sale consideration rejected without assigning any reason - Proprietary - Held, plaintiff has detailed and delineated the reasons in the affidavit accompanying the said application - Court has not chosen to rely upon those reasons..........
Specific Relief Act, 1963, Section 28 -- Rescission of decree for specific performance can be ordered not only when there is failure to deposit purchase money but also when there is failure to deposit other expenses viz. costs of stamp papers, expenses of registration and other incidental charges within the time prescribed by Court in the decree...........
Civil Procedure Code, 1908, Section 47, 151, 149, Order 21, Rule 32 -- Execution - Decree for specific performance - Direction to execute sale deed within two months after deposit of sale consideration - However, no time was fixed for deposit of the balance sale price - Default clause not stipulated in the decree - Held, as there was no time period fixed for deposit of the..........
Civil Procedure Code, 1908, Section 148, 151, Order 21, Rule 12-A, Specific Relief Act, 1963, Section 28 -- Extension of time for deposit of balance sale consideration - Suit for possession by way of specific performance of agreement decreed on deposit of balance price within stipulated period - Balance price not deposited within fixed period - Application for extension of..........
