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Results of consideration amount in specific performance

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Showing : 51-60 of 159 Results

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Agreement to sell -- Specific Performance - Readiness and willingness - Capacity to pay - Plaintiff failed to show his capacity to pay balance sale consideration of Rs.22 lakhs - He stated that he borrowed money from his friends and kept the same to pay balance sale consideration - However, no document on record to show that plaintiff had amount of Rs.22 lakhs with him nor..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Compensation in terms of money - Legality of order - Agreement for land entered into for meager consideration, cannot be said to be valid consideration - More so, defendant is a farmer and disputed land is the only source of his livelihood, thus, equitable and discretionary relief of specific performance cannot be granted -..........

DELHI HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Discretionary relief of specific performance not granted to plaintiff on mere payment of 14% of sale consideration - However, plaintiff entitled to refund of advance amount with interest @ 7.5% p.a. (Specific Relief Act, 1963, S.20)..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Agreement to reconveyance -- Suit for specific performance - Ready and willing - Notice issued but not replied - Suit filed three years thereafter - Plaintiff at no time made efforts to offer or tender the amount of consideration nor deposited the amount in Court at the time of presentation of suit - Mere issuance of notice is not sufficient to show willingness on the part..........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Sale deed executed but not registered - Readiness and willingness - When plaintiff is able to prove execution of sale deed and payment of entire consideration amount and also possession of suit property was handed over, there was no need for plaintiff to specifically aver and prove his readiness and willingness, since he already..........

KERALA HIGH COURT

Year of decision: 2018
Details

Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to aver and prove that he was always ready and willing to pay entire balance sale consideration to defendant - He is not entitled to get discretionary relief of specific performance of contract - However, plaintiff is entitled to get back the amount paid as advance sale consideration..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 148 -- Extension of time for depositing consideration money - Execution of decree - Suit for specific performance - In absence of any explanation, decree-holder cannot at his own will can seek execution of decree on depositing balance amount...........

DELHI HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Suit filed in the year 2005 - Amount of Rs.Ten lakhs, as per FDR, deposited in Court in the year 2012 as per directions in an order passed by the trial Court - For a long period of seven years plaintiff failed to prove that he had the financial capacity to pay the balance sale..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Admission of agreement to sell and consideration amount - However, there is serious dispute as to making payment as alleged - This dispute goes to the root of matter - Unless and until said dispute is resolved in favour of plaintiff, no decree for specific..........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly requesting defendant to perform his part of contract but..........

Showing : 51-60 of 159 Results