Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest is a separate and independent right under the later part of agreement - It does not in any manner,..........
Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, agreement as to payment of interest does not extend the date of performance - The date of performance expressly fixed remains..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Agreement to sell - Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest would be available for a period of..........
Agreement to sell -- Specific performance - Earnest money of Rs.3 lacs out of consideration of Rs.4 lacs paid - Admission in agreement as to receipt of money is as good as payment before Sub Registrar - Plaintiff was present with money in the office of Sub Registrar to get the sale deed executed and earlier also had issued notice - Defendant did not turn up - As the market..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Balance sale consideration - Extension of time - Power of Court - Held, power to extend time for payment of balance sale consideration is vested in Court u/s 28 of the Act - Language of S.148 of the Code would reveal that it enables Court to enlarge period prescribed or allowed by the Code..........
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..........
Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Specific performance - Execution denied by vendor - Alleged payment of sale consideration by vendee not proved - Mere finding of signature as identical will not in any way prove execution of sale agreement - When possession not handed over in pursuance of agreement of..........
Agreement to Sell -- Specific performance - Limitation period - Specific date stipulated for execution of sale deed in agreement to sell - Defendant failed to execute sale deed on stipulated date in terms of agreement - Held, cause of action arose on stipulated date - Suit filed after expiry of more than three years from accrual of cause of action - Suit barred by..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to further suit - Applicability - Earlier suit filed by appellant for declaration and injunction - Execution of agreement of sale denied by respondent - Even after denial, appellant neither amended his plaint incorporating relief of specific performance nor filed separate suit - Held, subsequent suit filed for specific..........
Specific Relief Act, 1963, Section 16 -- Specific performance - Agreement to sell - Maintainability - Evidence on record and conduct of appellant shows that document executed was not agreement of sale - Executed as security for loan advanced by appellant - Fact of handing over of possession of suit house by defendant to appellant and subsequent forcible taking possession..........
