Specific Relief Act, 1963, Section 19(b) -- Bonafide purchaser for consideration without notice - Such defence is available in a suit for specific performance of contract but not in a case where the plaintiff claims title in himself and files a suit for possession...........
Civil Procedure Code, 1908, Section 148 -- Extension time - Decree for specific performance - Court can extend time for deposit of purchase price subsequent to the decree...........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Decree for specific performance - Executing Court can extend time for deposit of purchase price even without an application...........
Civil Procedure Code, 1908, Section 148 -- Decree for specific performance - Deposit of purchase price - Mere failure on the part of the D.H. to deposit the amount does not render the decree ineffective or release the J.D. from his liability to satisfy the decree - It is only when there is wilful default on the part of the D.H. to make the deposit, that the Court would be..........
Agreement to sell -- Suit for specific performance - Ready and willing - To be proved at all stages from the date of agreement till the date of hearing - It can be gathered not only from the averment in plaint but also by the conduct of the plaintiff...........
Agreement to sell -- Suit for specific performance - Agreement itself providing as to what is to happen if either the seller refuses to sell or the purchaser refuses to buy - Agreement very categorical in envisaging that a sale deed is to be executed only if both the parties agree to do so and in the event of anyone of them resiling from the same there was to be no..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 12 -- Plaint - Amendment - Suit for specific performance - By way of amendment plaintiff claiming 5/7 share instead of 7/7 share and ready to pay the consideration for whole of the contract - Plaintiff thus has not changed any cause of action nor taken away any valuable right of the defendant..........
Specific Relief Act, 1963, Section 20 -- Suit for specific performance of agreement to sell - Sale agreement signed by Karta on behalf of HUF and also as power of attorney holder of other member defendants - No significance could be attached to power of attorney so as to deny relief of Specific Performance when sale agreement was proved to be for benefit of joint family...........
Specific Relief Act, 1963, Section 10, 11, 20 -- Suit for specific performance of agreement to sell - Karta entering into sale agreement receiving earnest money - Finding of lower Courts that sale was for legal necessity meeting debts of firm - Specific performance ordered excepting 1/5th share of one of coparceners - Plea that all defendants were not partners of firm and..........
Agreement to sell -- Suit for specific performance - In case of more than one party - Contract can be enforced by any party to the contract - Suit cannot be decreed in the absence of some of the parties to the contract - If some of the parties entitled to the benefit of the contract are not willing to be arrayed as plaintiffs they should be impleaded as defendants...........
