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—Readiness and Willingness—Conduct of the defendant can be seen only after the plaintiff is able to establish his case.
September 27th, 2018 | Comments Off on Agreement to Sell—Readiness and Willingness—Conduct of the defendant can be seen only after the plaintiff is able to establish his case.
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Agreement to Sell—Specific performance— Executant of agreement was suffering from seizure epilepsy—She resided with her brother (opposite party) for getting treatment — Her IQ was such that see cannot understood the intricacies of legal issues—Held, Once the executant was not is sound disposing mind suit held to be rightly dismissed.
September 24th, 2018 | Comments Off on Agreement to Sell—Specific performance— Executant of agreement was suffering from seizure epilepsy—She resided with her brother (opposite party) for getting treatment — Her IQ was such that see cannot understood the intricacies of legal issues—Held, Once the executant was not is sound disposing mind suit held to be rightly dismissed.
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Specific Relief Act, 1963, S.20–Agreement to Sell—Specific Performance- Contradiction regarding testimony of witnesses regarding denomination of sale consideration and place of where amount was paid—Courts below had decreed the suit on proving of agreement to sell—Keeping in view, overall circumstances decree upheld.
August 15th, 2018 | Comments Off on Specific Relief Act, 1963, S.20–Agreement to Sell—Specific Performance- Contradiction regarding testimony of witnesses regarding denomination of sale consideration and place of where amount was paid—Courts below had decreed the suit on proving of agreement to sell—Keeping in view, overall circumstances decree upheld.
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Agreement to Sell—Protection of Possession—Once the suit for specific performance stands dismissed, then protection under S.53-A of TP Act is no longer available.
August 4th, 2018 | Comments Off on Agreement to Sell—Protection of Possession—Once the suit for specific performance stands dismissed, then protection under S.53-A of TP Act is no longer available.
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Specific Relief Act, 1963, S.20–Agreement to sell-Admitted signatures are available on the receipt and as well as on the power of attorney—No steps have been taken to compare the signature from the disputed one-Defendant has not discharged the onus so that same could be rebutted by the plaintiff—Decree
December 29th, 2017 | Comments Off on Specific Relief Act, 1963, S.20–Agreement to sell-Admitted signatures are available on the receipt and as well as on the power of attorney—No steps have been taken to compare the signature from the disputed one-Defendant has not discharged the onus so that same could be rebutted by the plaintiff—Decree
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V IMP : Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance- Starting of limitation–Past payment towards sale consideration accepted after stipulated date of execution of agreement
December 28th, 2017 | Comments Off on V IMP : Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance- Starting of limitation–Past payment towards sale consideration accepted after stipulated date of execution of agreement
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Agreement to Sell—Suit for specific performance based upon an unregistered agreement to sell shall not be dismissed for want of registration.
December 18th, 2017 | Comments Off on Agreement to Sell—Suit for specific performance based upon an unregistered agreement to sell shall not be dismissed for want of registration.

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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.