Specific Performance 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 October 4, 2020 phlaw
Specific Performance 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 September 25, 2020 phlaw
Specific Performance 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 September 25, 2020 phlaw
Specific Performance 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 May 1, 2020 phlaw
Specific Performance 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 March 10, 2020March 10, 2020 phlaw
Specific Performance Agreement to Sell—Specific Performance—Time was not essence of contract—Suit filed after 14 years of agreement held to be maintainable March 10, 2020 phlaw
Specific Performance 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 February 6, 2020 phlaw
Specific Performance 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 January 28, 2020 phlaw
Specific Performance 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. December 1, 2019December 1, 2019 phlaw
Specific Performance 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 November 25, 2019 phlaw
