Specific Relief Act, 1963, Section 20 -- Waiver of right to seek relief of specific performance - Agreement to sell - Suit for specific performance decreed - In second appeal observation made in an interim order that vendor can refund earnest money and vendee can withdraw balance sale consideration deposited in the lower Court - Vendee accepted observations and received..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell house - Suit for specific performance - Agreement and payment of earnest money proved - Plea that possession cannot be delivered as defendant and his family residing in the house - Plea of hardship neither raised in written statement nor proved by the vendor - Trial Court ordered refund of earnest money - First..........
Specific Relief Act, 1963, Section 9, 17, 19 -- Agreement to sell - Suit for specific performance by vendee - Plea raised that vendor not exclusive owner, property inherited by all legal heirs of the father of vendor - Plea not tenable - Vendor represented in agreement to be the sole owner - No recital in the agreement that property owned by anybody else other than vendor..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Vendor executed another sale deed - Suit for specific performance by first vendee - Second vendee closely related to vendor - Provision of Section 19(b) not attracted - Cannot be said that transferee had no notice of the earlier contract...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Devolution of interest during pendency of suit - Sale of property inspite of restraint order - Transfer is mala fide - Vendee cannot be allowed to continue the suit...........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser for consideration - Requirements - Agreement to sell - Before the date fixed for execution of sale deed, property sold by vendor to subsequent vendee - Suit for specific performance by original vendee - In the written statement by subsequent vendee vague plea taken to the effect that he was not having..........
Co-sharer -- Joint land - Sale by co-sharer - Exclusive possession of the portion of the land - Can deliver the possession of said land to the vendee at the time of sale...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Land declared surplus in the year 1960 under Punjab Security of Land Tenures Act, 1963 - Landowner in the year 1965 sold 93K 11M land from the land declared surplus - Vendee further sold 63K 12M land in 1966 -Sale pre-empted vide decree dt. 11/12/1967 - Out of 63K 12M of land, 33K 4M allotted to eligible persons in..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18, 19 -- Review vis-a-vis correction of clerical errors - Scope of - 17.40 Std acres of land declared surplus under Punjab Security of Land Tenure Act, 1953 - Land declared surplus under the Act of 1953 vest in State u/s.12(3) of the Haryana Act of 1972 - 93K 11M land sold from the land declared surplus - Vendee further..........
Punjab Land Revenue Act, 1887, Section 31, 34, Punjab Land Record Manual -- Para 7.17 and 7.19 - Mutation on the basis of sale deed - Relevancy of Possession - Vendee applied for sanction of mutation on the basis of registered sale deed - Vendee not in possession - Suit for getting possession of land purchased filed in Civil Court - In terms of Para 7.17 mutation cannot be..........
