Specific Relief Act, 1963, Section 20 -- Plea of Hardship - Agreement to sell - Sole Residential House - Suit for specific performance decreed - Second Appeal - Denial of specific performance of agreement sought in view of extreme hardship on account of sale of residential house - In terms of section 20 defendant to raise plea of circumstances which may cause hardship, if..........
Specific Relief Act, 1963, Section 20 -- Plea of Hardship - Agreement to sell - Sole Residential House - Recital in agreement that vendor in need of money on account of marriage of daughter - Suit for specific performance - Decreed - Second appeal - Plea of hardship raised - Denial of specific performance of agreement sought - Hardship sought to be inferred from recital in..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell house - Suit for specific performance - Agreement and payment of earnest money proved - Plea that possession cannot be delivered as defendant and his family residing in the house - Plea of hardship neither raised in written statement nor proved by the vendor - Trial Court ordered refund of earnest money - First..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser for consideration - Requirements - Agreement to sell - Before the date fixed for execution of sale deed, property sold by vendor to subsequent vendee - Suit for specific performance by original vendee - In the written statement by subsequent vendee vague plea taken to the effect that he was not having..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance of agreement to sell - Application for amendment of written statement by subsequent purchaser to the effect that agreement was unconscionable - Vendor had not taken such plea - Subsequent purchaser had no independent right to challenge validity of agreement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - At appellate stage - Suit for specific performance on basis of oral agreement - Cheque issued by vendee for Rs.5 lacs - Amendment in written statement sought that cheque was issued as security for loan taken by vendee from vendor - Amendment does not change nature of suit - Amendment allowed...........
Evidence Act, 1872, Section 43 -- Admission in earlier litigation - Suit for specific performance - Executant pleaded in written statement in an earlier suit as to execution of suit agreement to sale - Held, it is relevant to be considered in the present suit...........
Civil Procedure Code, 1908, Section 47 -- Specific Performance suit - Decreed - Subject matter open land - Execution - Objection regarding transfer of two rooms and trees - Never pleaded in the written statement - Not referred even in evidence - Objection before executing court for the first time - Not competent...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Plea of fraud sought to be introduced by way of amendment - Delay - By itself not a ground to refuse amendment - If the alleged fraud committed by plaintiff comes to the notice of defendant at a belated stage then defendant cannot be deprived of his right against..........
Civil Procedure Code, 1908, Section 16, 21 -- Suit for specific performance and possession - Can be filed at place where property situates - Case filed at place other than where property situates and as per agreement clause restricting jurisdiction to a particular place - Objection to jurisdiction not taken in written statement - Held, it cannot take away the right of..........
