October 2020

Agreement to Sell—Proof of Execution—Attestation by a Notary Public is of the same date, as is the date of the execution of the agreement itself— Register of the Notary Public, bears the signatures of both the parties-Execution of agreement stands established —Acquisition of Land-Issuance of the preliminary notification of acquisition—Agreement can still be enforced

By | October 4th, 2020|Specific Performance|

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September 2020

Agreement to Sell—Specific Performance—Starting point of Limitation would start from extended date mutually agreed upon by endorsement on reverse side of agreement — Endorsement on the reverse leaf of the agreement is not a separate document and it is only to supplement what had been agreed upon in agreement

By | September 25th, 2020|Specific Performance|

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Comments Off on Agreement to Sell—Specific Performance—Starting point of Limitation would start from extended date mutually agreed upon by endorsement on reverse side of agreement — Endorsement on the reverse leaf of the agreement is not a separate document and it is only to supplement what had been agreed upon in agreement

Bar to Suit—When suit for injunction was filed, plaintiffs had no cause of action for suit for specific performance as agreed date was yet to arrive-Therefore, bar to suit would not be applicable to suit for specific performance filed subsequently

By | September 25th, 2020|Specific Performance|

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May 2020

Agreement to Sell—Specific Performance—Subsequent Buyer—When equity stand in favour of original buyer decree cannot be passed in favour of subsequent buyer merely because there was delay of more than 31 years in disposal of appeal of suit between original buyer and original seller, for absolutely no fault of subsequent buyer and he being in possession of for all that period

By | May 1st, 2020|Specific Performance|

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Comments Off on Agreement to Sell—Specific Performance—Subsequent Buyer—When equity stand in favour of original buyer decree cannot be passed in favour of subsequent buyer merely because there was delay of more than 31 years in disposal of appeal of suit between original buyer and original seller, for absolutely no fault of subsequent buyer and he being in possession of for all that period

March 2020

Agreement to Sell—Specific Performance—It is not necessary for a plaintiff to ask for any declaration of cancellation of a sale deed qua subsequent buyer in a suit for specific performance against seller

By | March 10th, 2020|Specific Performance|

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Agreement to Sell—Specific Performance—Time was not essence of contract—Suit filed after 14 years of agreement held to be maintainable

By | March 10th, 2020|Specific Performance|

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February 2020

Agreement to Sell—Specific Performance—Restoration of Possession-Executing Court refused to give directions for restoration of possession as it was not provided in judgment and decree—Therefore, filing of fresh suit for possession would not operate as resjudicata between parties

By | February 6th, 2020|Specific Performance|

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Comments Off on Agreement to Sell—Specific Performance—Restoration of Possession-Executing Court refused to give directions for restoration of possession as it was not provided in judgment and decree—Therefore, filing of fresh suit for possession would not operate as resjudicata between parties

January 2020

Limitation Act, 1963 – Section 5 – Civil Procedure Code, 1908 (CPC) – Section 115 – Specific Relief Act, 1963 – Section 20 – Decree of possession by way of specific performance of the Agreement of Sale – Where the defendant No.2 (the appellant herein) had contested the suit and had put forth the contention that he was a bonafide purchaser without notice HELD the Courts below have on the contrary concluded that the defendants No.1 and 2 being of the same village, the defendant No.2 would have knowledge of the agreement entered into by the defendant No.1 in favour of the plaintiff – Such conclusion is only an assumption

By | January 28th, 2020|Specific Performance|

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Comments Off on Limitation Act, 1963 – Section 5 – Civil Procedure Code, 1908 (CPC) – Section 115 – Specific Relief Act, 1963 – Section 20 – Decree of possession by way of specific performance of the Agreement of Sale – Where the defendant No.2 (the appellant herein) had contested the suit and had put forth the contention that he was a bonafide purchaser without notice HELD the Courts below have on the contrary concluded that the defendants No.1 and 2 being of the same village, the defendant No.2 would have knowledge of the agreement entered into by the defendant No.1 in favour of the plaintiff – Such conclusion is only an assumption

December 2019

Agreement to Sell-Readiness and Willingness-Affidavits with regard to marking of presence of defendants have to be proved-Mere exhibitions of documents does not dispense with its proof.

By | December 1st, 2019|Specific Performance|

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November 2019

Agreement to Sell-Readiness and Willingness- -Once the defendants (seller) denied the execution of agreement to sell and alleged that they had signed the blank papers for lease deed and the same are being misused; relief under S.77 of Registration Act cannot be granted

By | November 25th, 2019|Specific Performance|

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Comments Off on Agreement to Sell-Readiness and Willingness- -Once the defendants (seller) denied the execution of agreement to sell and alleged that they had signed the blank papers for lease deed and the same are being misused; relief under S.77 of Registration Act cannot be granted

October 2019

“….held that a power of attorney holder, who has acted in pursuance of the said power, may depose on behalf of the principal in respect of such acts but cannot depose for the principal for the acts done by the principal and not by the power of attorney holder.

By | October 2nd, 2019|Specific Performance|

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Comments Off on “….held that a power of attorney holder, who has acted in pursuance of the said power, may depose on behalf of the principal in respect of such acts but cannot depose for the principal for the acts done by the principal and not by the power of attorney holder.

September 2019

Specific Relief Act, 1963, S.20—Agreement to Sell—Specific Performance— Attachment of Property—Agreement to sell entered into by a judgment-debtor (seller) before the attachment of the property in execution of decree of money suit for recovery would prevail over such attachment—Civil Procedure Code, 1908, S.64

By | September 13th, 2019|Specific Performance|

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Comments Off on Specific Relief Act, 1963, S.20—Agreement to Sell—Specific Performance— Attachment of Property—Agreement to sell entered into by a judgment-debtor (seller) before the attachment of the property in execution of decree of money suit for recovery would prevail over such attachment—Civil Procedure Code, 1908, S.64

Agreement to Sell—Specific Performance—It is not the law that if the plaintiff has filed a suit for permanent injunction before the target date in all cases, the plaintiff must be held ready and willing to perform his part of the contract

By | September 13th, 2019|Specific Performance|

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Comments Off on Agreement to Sell—Specific Performance—It is not the law that if the plaintiff has filed a suit for permanent injunction before the target date in all cases, the plaintiff must be held ready and willing to perform his part of the contract

Agreement to Sell—Specific Performance—On the basis of construction carried out by the proposed seller during the pendency of the suit, buyer’s right to get specific performance of the sale proposed cannot be defeated

By | September 13th, 2019|Specific Performance|

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August 2019

Agreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not bound to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit

By | August 25th, 2019|Specific Performance|

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Comments Off on Agreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not bound to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit

Agreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not boud to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit

By | August 8th, 2019|Specific Performance|

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Comments Off on Agreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not boud to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit

July 2019

An agreement to sell creates only an equitable right to purchase and does not oper­ate to create or extinguish right under the instrument. Section 1 7 of the Registration Act, that requires compulsorily registration of instrument is, therefore, not attracted.   

By | July 28th, 2019|Specific Performance|

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Comments Off on An agreement to sell creates only an equitable right to purchase and does not oper­ate to create or extinguish right under the instrument. Section 1 7 of the Registration Act, that requires compulsorily registration of instrument is, therefore, not attracted.   

Agreement to Sell—Intended purchaser before execution and registration of the sale deed is entitled to redeem the mortgage of property from third party and entitled to adjust the payment in balance sale consideration Agreement to Sell—Endorsement or extension of time for execution and registration of the sale deed does not amount to novation of contract even if execution of subsequent agreement was not pleaded in suit and date of first previous agreement is not mentioned in subsequent agreement

By | July 26th, 2019|Specific Performance|

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Comments Off on Agreement to Sell—Intended purchaser before execution and registration of the sale deed is entitled to redeem the mortgage of property from third party and entitled to adjust the payment in balance sale consideration Agreement to Sell—Endorsement or extension of time for execution and registration of the sale deed does not amount to novation of contract even if execution of subsequent agreement was not pleaded in suit and date of first previous agreement is not mentioned in subsequent agreement

Specific Performance- Extension of Agreement—There were two district agreements-Once the seller had already sold land as per first agreement then that agreement had become extinct-Therefore, second agreement to sell for part of land from big chunk, from which first agreement was satisfied, cannot be termed as extension of first agreement

By | July 7th, 2019|Specific Performance|

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Comments Off on Specific Performance- Extension of Agreement—There were two district agreements-Once the seller had already sold land as per first agreement then that agreement had become extinct-Therefore, second agreement to sell for part of land from big chunk, from which first agreement was satisfied, cannot be termed as extension of first agreement

Agreement to Sell—Increase in the prices after execution of the agreement to sell cannot be a ground to refuse specific performance of the agreement to sell

By | July 1st, 2019|Specific Performance|

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