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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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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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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June 2019

Agreement to Sell—Adverse Inference cannot be drawn against the defendant on account of his non-appearance in evidence particularly when sufficient evidence is available on record

By | June 27th, 2019|Specific Performance|

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Agreement to Sell—In a suit for specific performance, a stranger to the contract making a claim independent and adverse to the title of seller is neither a necessary nor a proper party

By | June 24th, 2019|Specific Performance|

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Agreement to Sell—Specific Performance—Mere admission of signatures on the agreement to sell does not make it a valid and legal document and it does not mean that the contents of the same are admitted

By | June 7th, 2019|Specific Performance|

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May 2019

Agreement to Sell—Specific Performance—Readiness & Willingness is to be supported by some overt act—Mere pleading in plaint is not sufficient

By | May 12th, 2019|Specific Performance|

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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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