Agreement to sell -- Specific performance - Settlement before Supreme Court - Concurrent findings of three Courts below in favour of plaintiff is on record - Parties have amicably settled the matter and defendant already received additional amount of Rs.12,50,000/- - Defendants thus, directed to apply for Town improvement Trust for transfer of suit property to plaintiff...........
Civil Procedure Code, 1908, Section 89 -- Mediation - Suit for specific performance - Civil Court by referring matter to Mediator had not sent matter for judicial settlement - S.89(2)(d) CPC thus, would apply - However, it is not the claim of plaintiff that after talks were declared successful by mediator, any further action was taken by plaintiff before civil Court -..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Suit for specific performance - Matter referred to Mediation - Petition u/art 227 of Constitution filed to find out whether order passed by Executing Court dismissing execution petition is in accordance with law or not - Nothing on record to show that after mediation proceedings were declared successful,..........
Agreement to sell -- Further agreement to sell by vendee - Suit for specific performance by subsequent vendee against vendee and vendor - Assignment of rights - Subsequent vendee was not party to agreement in between vendor and vendee - Vendor was not party to agreement in between vendee and subsequent vendee - There is no privity of contract between vendor and subsequent..........
Agreement to sell -- Further agreement to sell by vendee - Assignment of rights - Suit for specific performance by subsequent vendee against vendor and vendee - Use of term `name proposed by vendee' in agreement in between vendor and vendee refers to a nominee to be proposed at the time of execution of sale deed and not a subsequent assignee/vendee - At the same time..........
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Refund of earnest money to subsequent vendee - Prima facie vendor and vendee colluded to frustrate performance of further agreement - Since subsequent vendee is not entitled to specific performance, trial Court rightly directed vendee to reimburse earnest money paid by subsequent..........
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Assignment of rights - Contingent contract - Further agreements are clearly contingent contracts inasmuch as they could only be enforced had vendee obtained right to get sale deed executed and taken possession of suit property as per terms of first agreement - More so, subsequent..........
Indian Contract Act, 1872, Section 40 -- Contract - Person by whom promise is to be performed - Promisor `may employ a competent person', or assign the contract to a third party as the case may be, to perform the promise only if the parties did not intend that the promisor himself must perform it - In a case where contract is of personal nature, the promisor must..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19) - - Specific endowment - Property in question was endowed specifically for performance of a religious charity in temple by way of deed of settlement - There was a restraint on creation of an encumbrance either on choultry or on land - Choultry was to be utilized at all times for use of general..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to validity of a decree - Suit for specific performance was maintainable only before civil Court - Therefore Court did not lack inherent jurisdiction and decree in such a case would not be nullity and not open to challenge in execution proceedings - Objection rejected...........
