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.

This content is restricted to site members. If you are an existing user, please log in. New users may register below.

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

Permalink
Gallery
(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
Permalink
Gallery
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.
Permalink
Gallery
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.
Permalink
Gallery
Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance- Limitation—Clause in agreement that sale deed would be executed after completion of partition proceedings—Thereafter, seller would give buyer one month notice and to get the sale deed executed—Instrument of Partition/ Sanad Takseem was prepared in partition proceeding but seller did not inform the purchaser—In cross appeal this fact came on record that sanad takseem has been prepared and only its implementation is pending—Suit for specific performance was filed on coming to know about the partition proceeding—Suit held to be within limitation.
November 24th, 2018 | Comments Off on Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance- Limitation—Clause in agreement that sale deed would be executed after completion of partition proceedings—Thereafter, seller would give buyer one month notice and to get the sale deed executed—Instrument of Partition/ Sanad Takseem was prepared in partition proceeding but seller did not inform the purchaser—In cross appeal this fact came on record that sanad takseem has been prepared and only its implementation is pending—Suit for specific performance was filed on coming to know about the partition proceeding—Suit held to be within limitation.
Permalink
Gallery
Agreement to Sell—Readiness and Willingness—Buyer not to furnish detailed sources and accounts towards each and every penny &f the balance sale consideration—Other attending circumstances would also have to be taken into consideration.
November 23rd, 2018 | Comments Off on Agreement to Sell—Readiness and Willingness—Buyer not to furnish detailed sources and accounts towards each and every penny &f the balance sale consideration—Other attending circumstances would also have to be taken into consideration.
Permalink
Gallery
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.
Permalink
Gallery
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.

Search Here

Recive law updates, daily – Subscribe to our LawLetter

Find us on Facebook

Supreme Court of India – Judgements

Indian IPR resources.

Membership open – Laws of India info group – LAWSINDIA.IN – Visit

Guests have searched for Punjab & Haryana law

Judgements – Topic wise

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.

Share This Story, Choose Your Platform!

Related Posts

Recive law updates, daily – Subscribe to our LawLetter

Find us on Facebook

Supreme Court of India – Judgements

Indian IPR resources.

Guests have searched for Punjab & Haryana law

Judgements – Topic wise

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.