Agreement to sell -- Specific relief - Grant of relief of specific performance is discretionary and parties cannot claim it as a matter of right although it is lawful but such discretion should be exercised judicially and prudently. (Specific Relief Act, 1963, S.20)...........
Agreement to sell -- Specific performance - Possibility of injury to the interest of third party does not by itself disentitle plaintiff from specific performance, but it depends upon facts and circumstances of each case which will be considered by Court in exercise of its discretion. (Specific Relief Act, 1963, S.20)...........
Agreement to sell -- Specific performance - Plaintiffs put into possession of entire land in pursuance of agreement to sell - Decree passed in favour of plaintiff in 1987 regarding possession in an independent suit is indicative of fact that plaintiffs were in possession - Since plaintiffs are in possession of suit land for long time, High Court committed no error in..........
Agreement to sell -- Oral - Suit for specific performance is maintainable on the basis of oral agreement of sale...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining dispossession - Agreement to sell - Plea of possession in pursuance of agreement to sell - Agreement itself stipulates that agreement to sell is entered into without handing over possession to plaintiff - Plaintiff failed to establish prima facie case - Balance of convenience also not in..........
Agreement to sell -- Specific performance - Sale agreement executed with defendant No.1 - Land belonging to defendant No.2, in whose favour land is mutated on basis of Will - In revenue suit filed by defendant No.2 against defendant No.1 said Will was produced and property was found to be in possession of defendant No.2 - Specific performance cannot be granted to plaintiff..........
Agreement to sell -- Not required to be attested by attesting/marginal witnesses - If one of attesting witness has made a statement that defendant did not sign in his presence, that would not invalidate agreement - Agreement is signed by defendant - No evidence produced on record by defendant to prove that it does not bear his signatures - Agreement held, proved on record...........
Agreement to sell -- Specific performance - Sale deed executed but could not be registered - Suit for specific performance on the basis of unregistered sale deed is maintainable, as this is the only remedy which is available to plaintiff...........
Agreement to sell -- Specific performance - Sale deed executed but could not be registered - Held, unregistered sale deed can be taken as evidence of a contract in a suit for specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Needs to be proved only when person seeking for specific performance is yet to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........
