Agreement to sell -- Specific performance - Suit for - Sale deed was to be executed after partition - Order of partition made on 16.11.1970 and Sanad Taqseem prepared on 20.4.1971 and mutation sanctioned on 15.6.1971 - Limitation to file suit starts to run on 15.6.1971...........
Agreement to sell -- Suit for specific performance - Suit instituted within period of limitation - Ingredients required to be made out in a suit for specific performance established - Delay in filing suit, though suit filed within period of limitation, is not a ground to non suit the plaintiff...........
Agreement to sell -- Suit for specific performance - Relief of specific performance cannot be denied on ground of unexplained delay in filing suit without framing specific issue and finding thereon as to whether there has been unexplained delay on the part of plaintiff in taking recourse to law in filing suit, though suit is filed within prescribed period of limitation...........
Agreement to sell -- Limitation - Three years - Such period is to be reckoned from the date fixed for performance of the contract and in case no date for such performance is fixed, then from the date the plaintiff has noticed that performance is refused. (Limitation Act, 1963, Art.54)...........
Registration Act, 1908, Section 77 -- Sale deed executed - Entire consideration amount paid - Defendant failed to turn up for registration - Registrar declined to register sale deed - Two options available are - either to file suit u/s 77 Registration Act within 30 days of refusal or being a suit for specific performance of an agreement to sell within period of limitation...........
Agreement to sell -- Suit for specific performance - Relief of specific performance - Relief of specific performance can be denied if suit is filed on the last day of limitation...........
Agreement to sell -- Suit for specific performance - Delay - Relevant factors are : (i) Delay running beyond the period prescribed under the Limitation Act; (ii) Delay in cases where though the suit is within the period of limitation, yet : (a) due to delay the third parties have acquired rights in the subject-matter of suit; (b) in the facts and circumstances of the case,..........
Agreement to sell -- Suit for specific performance - Limitation - Notice by plaintiff to execute sale deed - Refusal by defendant - Suit filed within three years of such refusal - No evidence led by defendant to show that there was refusal on his part earlier also - No such refusal could be made by him as plaintiff had performed his part of contract and defendant was put..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Sale with condition of repurchase or mortgage by conditional sale - Interpretation of deed - Transferee put in possession in order to clear existing debt of Rs.1, 000/- and further to obtain another loan of Rs.1, 000/- and condition in deed requiring transferee to reconvey property to transferor if later repays Rs.2, 000..........
Agreement to sell -- Suit for specific performance - Whether time essence of contract - One of the terms was that vendee to pay interest on balance amount in case she fails to get the sale deed registered after obtaining Urban Land Ceiling certificate by vendor - No time fixed for getting the sale deed registered - Vendor issued notice requiring vendee to complete all..........
