Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser without knowledge of subsequent agreement for sale - `A' filed suit for specific performance - It was alleged that on date of registration of sale deed in favour of `B' he filed an application before Sub Registrar for not registering sale but Sub Registrar returned that application to him after making his..........
Agreement to sell -- Suit for specific performance - Subsequent purchasers - Considerable amount spent for improvement by subsequent purchasers - Decree for specific performance will cause hardship to the subsequent purchasers - Plaintiff can be compensated by a decree of compensation - It will be inequitable to enforce specific performance of agreement. (Specific Relief..........
Agreement to sell -- Suit for specific performance - Subsequent purchasers - Considerable amount spent for improvement - Inequitable to grant decree for specific performance - Subsequent purchasers directed to pay the plaintiff an amount of Rs.3, 000/- being paid by him as advance together with interest @ 12% from the date of filing of the suit till date of payment...........
Agreement to sell -- Suit for specific performance - Agreement to sell entered into by one `A' who came into possession of the suit land by virtue of pre-existing right of maintenance out of the estate of her late husband - After coming into force of Hindu Succession Act she became the full owner of the suit land and she had a right to execute the agreement for sale -..........
Agreement to sell -- Suit for specific performance - Time when essence of contract - (1993) 1 SCC 519 followed wherein held that in case of sale of immovable property, time is never regarded as the essence of the contract - In fact, there is a presumption against time being the essence of the contract - It has to be ascertained from the agreement whether the parties named..........
Agreement to sell -- Suit for specific performance - Trial Court dismissed suit but High Court decreed the suit - High Court found on facts that original agreement was kept by vendor and did not produce same before the Court - No illegality in appreciation of evidence - Copy of agreement was admissible as secondary evidence - Question of readiness and willingness to pay..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for specific performance barred by limitation - Even then plea in defence of part performance is available in a suit for recovery of possession if the necessary conditions are fulfilled viz (i) (1) there must be a contract to transfer for consideration any immovable property; (2) the contract must be in..........
Agreement to sell -- Suit for specific performance - Failure to prove time not to be the essence of contract - Further failure to prove plaintiff to be ready and willing to perform his part of contract - Such concurrent findings not suffering from legal infirmity - Held, refusal of specific performance is justified...........
Agreement to sell -- Suit for specific performance - Relief of specific performance cannot be denied on ground of unexplained delay in filing suit without framing specific issue and finding thereon as to whether there has been unexplained delay on the part of plaintiff in taking recourse to law in filing suit, though suit is filed within prescribed period of limitation...........
Agreement to sell -- Suit for specific performance - Reasonable time - Meaning - Time essence of the contract - In the case of sale of immovable property there is no presumption as to time being the essence of the contract - Even if it is not of the essence of contract, Court may infer that it is to be performed in a reasonable time - Meaning of term `Reasonable time'..........
