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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Comments Off on 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

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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Comments Off on 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

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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Comments Off on 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

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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Comments Off on 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

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

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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Comments Off on 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

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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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.

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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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.

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.