March 2019

Agreement to Sell—Specific Performance—A simpliciter suit for specific performance in the absence of alternative relief of refund of earnest money is maintainable

By | March 29th, 2019|Specific Performance|

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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

By | March 26th, 2019|Specific Performance|

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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

By | March 18th, 2019|Specific Performance|

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January 2019

(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

By | January 28th, 2019|Specific Performance|

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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

December 2018

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.  

By | December 11th, 2018|Specific Performance|

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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.  

November 2018

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.           

By | November 25th, 2018|Specific Performance|

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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.           

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.   

By | November 24th, 2018|Specific Performance|

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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.   

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.

By | November 23rd, 2018|Specific Performance|

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September 2018

Agreement to Sell—Readiness and Willingness—Conduct of the defendant can be seen only after the plaintiff is able to establish his case.

By | September 27th, 2018|Specific Performance|

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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.

By | September 24th, 2018|Specific Performance|

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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.

August 2018

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.   

By | August 15th, 2018|Specific Performance|

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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.   

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.

By | August 4th, 2018|Specific Performance|

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April 2018

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. 

By | April 18th, 2018|Specific Performance|

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Comments Off on 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. 

December 2017

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

By | December 29th, 2017|Specific Performance|

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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

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

By | December 28th, 2017|Limitation Act, Specific Performance|

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November 2017

October 2017

Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance-­ Agreement to sell was executed in the year 2000, the entire sale consideration was paid, possession was delivered, therefore, it would not be now appropriate to deny plaintiff-respondent the relief of specific performance of agreement to sell

By | October 16th, 2017|Specific Performance|

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Comments Off on Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance-­ Agreement to sell was executed in the year 2000, the entire sale consideration was paid, possession was delivered, therefore, it would not be now appropriate to deny plaintiff-respondent the relief of specific performance of agreement to sell

September 2017

Transfer of’ Property—Part Performance—Mere expiry of the period of limitation for a suit for specific performance may not be a bar for a person in possession of an immovable property in part performance of a contract to assert the shield of Section 53 A ofT.P. Act

By | September 27th, 2017|Specific Performance|

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Comments Off on Transfer of’ Property—Part Performance—Mere expiry of the period of limitation for a suit for specific performance may not be a bar for a person in possession of an immovable property in part performance of a contract to assert the shield of Section 53 A ofT.P. Act

June 2017

Agreement to Sell—Part performance—When recital of delivery of possession is not there, the agreement to sell is not compulsorily registrable.

By | June 23rd, 2017|Registration Act, Specific Performance|

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