Punjab Town Improvement Trust Act, 1922, Section 24 -- Development Scheme framed - Sale of plot, agreement duly executed, in part performance a sum towards sale price and security paid, entered into possession and construction raised - Notice for forfeiture of sale price already paid and resumption of plot - Action taken in accordance with agreement - Cannot be held to be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Application for being impleaded as defendants on the plea that plot which vendor agreed to sell not owned by him and fallen to share of applicants in family partition and in their exclusive possession as owners - Necessary parties for determination of controversy - Just and proper to implead as..........
Limitation Act, 1963, Article 97 -- Starting point of limitation for preemption suit : whether from date of decree passed in a suit for specific performance or from date of registration of sale-deed executed in pursuance of specific performance decree - Date when sale deed registered - Right of pre-emption not a right of repurchase, but a right of substitution, which..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit for specific performance - A third person claiming to be joint owner of subject-matter of dispute - Not entitled to be impleaded as a defendant - Strangers to contract making a claim adverse to title of vendor contending that they are co-owners of contracted property - Neither necessary nor proper party - Not entitled..........
Specific Relief Act, 1963, Section 16(c) -- Plaintiff to aver and prove that he has performed or was always ready and willing to perform his part of contract - Forms 47 and 48 of Appendix 'A' of Civil Procedure Code conform to Section 16(c) - Incumbent on plaintiff in a suit for specific performance to set out : (i) agreement in all its details, (ii) applied to defendant..........
Specific Relief Act, 1963, Section 9 -- Specific perfor mance of contract of sale of land - Agreement vague and indefinite - Void - Cannot be enforced under Specific Relief Act - Contract of sale must be definite and precise in a suit for specific performance - No oral evidence admissible to add to terms of contract or agreement - Agreement to sell land contained neither..........
Agreement to sell -- Execution of sale deed by vendors, but failure to appear and present it before Registrar for registration - Suit for specific performance - Remedy of purchaser by resorting to S.77 Registration Act for compulsory registration, not a bar for his filing a suit for specific performance. (Registration Act, 1908, S.77)...........
Specific Relief Act, 1963, Section 12(2), 12(3), 12(4) -- Same as Sections 14, 15 and 16 of Specific Relief Act, 1877 - Agreement for sale of land including share of minors but permission of Court qua share of minors not taken - Suit for possession of land through specific performance of agreement of sale - Sub-section (2) of Section 12 not applicable in view of..........
Specific Relief Act, 1963, Section 12 -- sub-section (3) - Relinquishment of claim to any part of property in suit in terms of the section - Can be made by plaintiff at any stage of litigation - Open to person bringing suit for specific performance to relinquish claim at any time before the suit is finally decided by the Court...........
Civil Procedure Code, 1908, Section 100 -- Suit for specific performance - Whether time is essence of the contract or not - High Court in error in allowing the respondents to raise this question in the absence of specific pleadings or issues raised before the trial court and when the case of time being the essence of the contract was not put forward by the respondents in..........
