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..........
Agreement to sell -- Specific performance - Appellant always ready and willing to perform her part of the contract and she had not taken any advantage of her own wrong - Appellant in no way responsible for the delay at any stage - It is the respondent who has always been and are trying to wriggle out of the contract - Held, respondent cannot take advantage of his own wrong..........
Agreement to sell -- Specific performance - Plea that 18 years expired since the execution of agreement and prices increased manifold and comparative hardship to the parties be looked into and that it is not such a case in which discretionary relief for specific performance should be granted - Held, it were defendants who were in haste in unilaterally repudiating the..........
Agreement to sell -- Specific performance - Ready and willing - If there is undue delay or indifference on the part of plaintiff then willingness deserves to be doubted. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Suit for specific performance - Inordinate delay in filing suit though it was filed within time - Discretionary relief of specific performance cannot be granted...........
Agreement to sell -- Specific performance - Ready and willing - Production of clearance certificate from the competent authority under the Urban Land Ceiling Act not specifically intended at any point of time - Information sought was only to delay the transaction - Held, appellant was not always ready and willing to perform in terms of S.16(c) of Specific Relief Act, 1963...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance of agreement to sell - Amendment sought to take plea that defendants Nos.2 & 3 are bona fide purchasers and that there is collusion between plaintiffs and defendant No.1 - Defendants were not in the knowledge of this fact earlier - Delay is not a ground to disallow..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for specific performance - Two suits by two different persons qua same property and against same defendant - Plaintiff seeking his impleadment as a party in the second suit - Application dismissed - Held, proposed party must show some semblance of right and interest in the subject matter or a..........
Agreement to sell -- Specific performance - Delay - By itself not a proof of abandonment or waiver of a right, leading to refusal of the relief of specific performance - Delay occasioned due to the inaction of the plaintiff in demanding specific performance will be a relevant circumstance in assessing any inequity caused to the defendant or prejudice resulting from the..........
Agreement to sell -- Specific performance - Plaintiff was ready with the money on the date when the sale deed was to be executed - Plaintiff pleaded and stated on oath that he was ready and willing to perform his part of contract - Defendant did not turn up before Sub Registrar - Plaintiff served a notice on the same day and filed suit without any delay - Held, plaintiff..........
