Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment could be made at any stage of litigation including the appellate stage - Claim of plaintiff for grant of benefit u/s 12(3) of the Act was, therefore, rightly not rejected by High Court on the simple ground that it was not made at the trial stage and had been made for the first time at the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit as filed by plaintiff in 1993 and plaint in said suit rejected in 1998 - Second suit of 2007 was filed on the strength of O.7.R.13 CPC for the very same cause of action and for seeking very same relief of specific performance of agreement - Plaintiff could have filed the second suit on or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Issue as to whether agreement between parties was executable or not would be an issue to be decided during trial - Trial Court has discretion to grant such relief or not to grant as per stipulation u/s 20 of Specific Relief Act - Plaint not liable to be rejected...........
Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - Expression `at any stage of proceeding' includes the stage of execution of decree by executing Court...........
Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - S.22 of the Act in order to avoid multiplicity of proceedings, allows plaintiff to amend the plaint to include a claim for relief of possession, partition etc. at any stage of proceeding...........
Agreement to sell -- Specific performance - Ready and willing - S.16(c) of Specific Relief Act bars the relief of specific performance of a contract in favour of a person who fails to aver readiness and willingness to perform his part of the contract...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession is inherent in the relief of specific performance of contract for sale - Therefore, in execution of a decree for specific performance, DH is entitled to possession over property even if no such relief was specifically claimed in the suit or granted under the decree...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchasers - Suit for specific performance - Onus is on subsequent purchaser to prove that he purchased the property in good faith and also bona fide purchaser for value...........
Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time limit is fixed to perform part of contract by 12.12.1979 - However, no notice issued by plaintiff to defendant by expressing his readiness and willingness on or before 12.12.1979 - Admittedly, notice issued on 18.10.1982 - No evidence that defendant received said notice whatsoever..........
