Agreement to sell -- Suit for specific performance - Delay - Relevant factors are : (i) Delay running beyond the period prescribed under the Limitation Act; (ii) Delay in cases where though the suit is within the period of limitation, yet : (a) due to delay the third parties have acquired rights in the subject-matter of suit; (b) in the facts and circumstances of the case,..........
Agreement to sell -- Suit for specific performance - Delay - When a ground to deny relief - Sale agreement executed on 20.2.1977 and sale deed was to be executed on 19.7.1977 - Last notice issued on 26.11.1978 - Suit filed within nine months - Delay cannot be invoked to deny relief to plaintiff...........
Agreement to sell -- Suit for specific performance - Joint property - Agreement to sell joint property - If a co-sharer has not joined to the extent of his share even then decree for specific performance can be granted to the extent of share of the contracting party - Decree in that event cannot be of a specified part of property to be partitioned and possession given...........
Agreement to sell -- Suit for specific performance - Grant of decree of specific performance - Grant of a decree for specific performance of contract is not automatic and is one of discretion of the Court and the Court has to consider whether it will be fair, just and equitable. Court is guided by principle of justice, equity and good consensus- Court should meticulously..........
Agreement to sell -- Suit for specific performance - Tremendous escalation in the prices of real estate properties - Vendor tried to wriggle out - Vendee did not take any undue or unfair advantage - Held, it would be inequitable and unjust to deny specific performance decree in favour of vendee...........
Agreement to sell -- Suit for specific performance - `Ready and Willing' - Actual tender of amount or deposit in Court - Not necessary unless ordered by Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Cheating - Criminal proceedings - Quashing of - Pendency of civil suit for specific performance - Held, no ground to quash criminal proceedings, particularly, when Magistrate was of opinion that there exists sufficient material to proceed with criminal case...........
Specific Relief Act, 1963, Section 16(c) -- Suit for specific performance - Ready and willing - Defendant's defence that plaintiff was not ready and willing to perform his part of agreement at all material time - Plea available not only to vendor defendant but also to subsequent purchaser. (Jugraj Singh and Anr. Vs Labh Singh & Ors. (1995) 2 SCC 31 overruled)...........
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..........
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...........
