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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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, 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.
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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.
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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 -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.