Specific Relief Act, 1963 -Agreement to Sell-Specific Performance-The authenticity of the documents is not in doubt, it is not possible to hold that the contents thereof were not known to any of the signatories to those documents- Suit decreed.

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By phlaw| April 18th, 2018|Specific Performance|Comments Off

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Agreement to Sell—Specific Performance—Readiness & Willingness is to be supported by some overt act—Mere pleading in plaint is not sufficient
May 12th, 2019 | Comments Off on Agreement to Sell—Specific Performance—Readiness & Willingness is to be supported by some overt act—Mere pleading in plaint is not sufficient
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Agreement to Sell—Specific Performance—A simpliciter suit for specific performance in the absence of alternative relief of refund of earnest money is maintainable
March 29th, 2019 | Comments Off on Agreement to Sell—Specific Performance—A simpliciter suit for specific performance in the absence of alternative relief of refund of earnest money is maintainable
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Agreement to Sell—Agreement not signed by all the proposed sellers but was admitted in their respective written statements—Thus, suit cannot be dismissed on the ground that agreement was not signed by the sellers
March 26th, 2019 | Comments Off on Agreement to Sell—Agreement not signed by all the proposed sellers but was admitted in their respective written statements—Thus, suit cannot be dismissed on the ground that agreement was not signed by the sellers
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Agreement to Sell—Subsequent Purchaser—Assignee by sale in a suit for specific performance is entitled to be impleaded as necessary party to suit
March 18th, 2019 | Comments Off on Agreement to Sell—Subsequent Purchaser—Assignee by sale in a suit for specific performance is entitled to be impleaded as necessary party to suit
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(i) Plaintiff had applied for a loan just two months prior to execution of agreement to sell; However, area mentioned in loan application and agreement to sell is different; (ii) Cheque through with allegedly earnest money was paid was never got encashed and said cheque was produced in the Court. (iii) Property which is sought to be sold renders rest of portion useless-Contention of defendant upheld—Relief of specific performance declined
January 28th, 2019 | Comments Off on (i) Plaintiff had applied for a loan just two months prior to execution of agreement to sell; However, area mentioned in loan application and agreement to sell is different; (ii) Cheque through with allegedly earnest money was paid was never got encashed and said cheque was produced in the Court. (iii) Property which is sought to be sold renders rest of portion useless-Contention of defendant upheld—Relief of specific performance declined
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Specific Performance-Readiness & Willingness—Purchaser sent notice after two years and eight months and suit was filed on last date of limitation—Apart from the statement of purchaser there is no other evidence to show that he was repeatedly approaching the seller—Relief of specific performance held to be rightly declined.
December 11th, 2018 | Comments Off on Specific Performance-Readiness & Willingness—Purchaser sent notice after two years and eight months and suit was filed on last date of limitation—Apart from the statement of purchaser there is no other evidence to show that he was repeatedly approaching the seller—Relief of specific performance held to be rightly declined.
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Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance—It is not legal requirement that names of attesting witness are also written on agreement-Mere signature would be sufficient.
November 25th, 2018 | Comments Off on Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance—It is not legal requirement that names of attesting witness are also written on agreement-Mere signature would be sufficient.

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Specific Relief Act, 1963 -Agreement to Sell-Specific Performance-The authenticity of the documents is not in doubt, it is not possible to hold that the contents thereof were not known to any of the signatories to those documents-­ Suit decreed.

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Specific Relief Act, 1963 -Agreement to Sell-Specific Performance-The authenticity of the documents is not in doubt, it is not possible to hold that the contents thereof were not known to any of the signatories to those documents- Suit decreed.