Specific Relief Act, 1963, Section 20 -- Agreement to sell - Suit for specific performance - Discretionary relief of specific performance - Cannot be refused to be exercised on whims and caprice - However, when with passage of time, contract becomes frustrated or in some cases increase in price of land takes place, the same being relevant factors can be taken into..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Sale deed to be executed on 10.7.96 - Suit for permanent injuction filed before the stipulated date - Subsequent suit for specific performance - Right to enforce specific performance accured only after date stipulated for execution of sale deed - Suit not barred under Order 2 Rule 2...........
Specific Relief Act, 1963, Section 17 -- Readiness & willingness of plaintiff has to be in spirit & substance, not in mathematical form - It has to be specifically pleaded - Conduct of plaintiff prior & subsequent to filing of suit to be considered...........
Agreement to sell -- Specific performance - Ready and willing - Must be pleaded and proved - Continuous readiness and willingness on the part of plaintiff is a condition precedent to grant relief of specific performance - Court while adjudicating readiness and willingness on the part of plaintiff must take into consideration, the conduct prior and subsequent to the filing..........
Civil Procedure Code, 1908, Section 11, 96 -- Resjudicata - Right to file appeal - Suit for title on account of succession - Dismissed - Finding regarding tenancy of co-defendant - Not to operate as resjudicata in subsequent suit for redemption of mortgage as (i) Dispute regarding tenancy not substantially matter in issue in earlier suit, and (ii) Plaintiff has no right to..........
Specific Relief Act, 1963, Section 10, 19 -- Agreement to sell - Subsequent transfer of property by vendor in favour of her daughter-in-law vide Civil Court decree - Civil suit filled by vendor challenging said decree - Rights of vendee sought to be defeated by taking recourse of subsequent event of suffering collusive decree by vendee - Apparent fraud committed by vendor..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Application u/s 10 of the Code is maintainable before the Court where subsequent suit is pending...........
Specific Relief Act, 1963, Section 28 -- Specific performance - Decree of - Extension of time for payment of purchase price - Condition in decree that suit is to be dismissed in case balance price not paid within specified period - Court does not become functus officio - Date is merely an incidental direction - It is not the contingency that such date cannot be extended at..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sale of property during pendency of suit - Subsequent purchaser created equitable mortgage of suit property in favour of Bank - Plaintiff by amendment of plaintiff sought declaration that equitable mortgage by suit property in favour of bank is null and void - Mortgagee..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Exparte decree - Setting aside - Defendant filed written statement and counter claim - Issues framed and plaintiff filed evidence affidavit - On subsequent date defendant and his counsel absent - Suit decreed - There was no order calling upon defendant to produce evidence - Decree..........
