Court : Supreme Court of India
Reported in : AIR2004SC3858; 2004(5)ALD91(SC); 2004(3)AWC2294(SC); (SCSuppl)2005(1)CHN26; 2004(4)CTC44; JT2004(5)SC408; 2004(6)SCALE188; (2004)6SCC537
..... judgment. therefore, non-filing of appeal against the dismissal of sanction suit as infructuous does not operate as res judicata and is no ground to refuse specific performance of the grant of decree of specific performance of contract for transfer of life interest for which no sanction of the court was needed. reliance is placed on s.p. chengalvarya naidu v. jagannath ..... of grant or refusal of sanction is no longer open to consideration in this appeal preferred only against the decision of the division bench in appeal refusing decree of specific performance of sale of life interest.75. the reversioners have surrendered their interest by accepting consideration separately and executed separate release deeds in favour of the subsequent vendee. even ..... fact withdrawn. soon thereafter the vendee got himself impleaded and later transposed in the suit as co-plaintiff. in the course of trial of sanction suit with suit for specific performance, the vendee exercised option by an affidavit of claiming lesser relief of life interest. he himself was thus responsible for rendering the sanction suit infructuous. it is argued ..... 91. property acquired with notice of existing contract.- where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract. section 92. purchase by .....Tag this Judgment!
Court : Karnataka
Reported in : 2009(1)KarLJ547
..... denying the execution of the agreement after admitting the receipt of money from the plaintiff would be sufficient to exercise discretion in favour of plaintiff to grant the relief of specific performance.30. as already noticed above, except defendants 4(a), 16, 18(b) and 18(c) other defendants have not filed any written statement denying the case of the plaintiff. the ..... judiciously guided by judicial principles and capable of correction by court of appeal. while considering the question as to whether the plaintiff in a case is entitled for relief of specific performance, the conduct of the parties assumes greater importance. in the case on hand having regard to the facts and circumstances of the case, the court below has held that the ..... favour of plaintiff?2. whether plaintiff proves that defendants have totally received a sum of rs. 78,001/- towards earnest amount?3. whether plaintiff is entitled for the relief of specific performance only to the extent of shares who are signatories to the agreement?10. during trial, the plaintiff examined himself as p.w. 1 and examined two attestors to the agreement ..... schedule property. in the alternative he sought for return of advance sale consideration of rs. 55,001/- in the event of court coming to the conclusion that the decree for specific performance cannot be granted.4. the averments made in the plaint in brief are as under:the defendants are the joint owners of the suit schedule property namely agricultural lands bearing .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2007AP294; 2007(3)ALD617
..... the relief inequitable. if a plaintiff is negligent and dilatory in carrying out his part of the contract for sale of immovable property, the plaintiff cannot get his contract specifically performed.in identical situation, it was observed:obviously in order to get over the delay in payment of balance of sale consideration amount, the plaintiff introduced a plea that the ..... consideration. therefore, he prayed that the appeal be allowed and consequently decree the suit.10. the point that arise or consideration is: whether the plaintiff is entitled to specific performance of agreement dated 25-5-1997?11. it is an undisputed fact that the defendant is the owner of the suit house wherein the appellant was residing as a ..... plaintiff was never ready, the question of the defendant obtaining clearance certificate from the income tax department did not arise. the conduct of the plaintiff disentitles him for the specific performance of agreement. therefore, the suit filed by him was dismissed.9. aggrieved by the said decision, the plaintiff preferred this appeal contending that the trial court did not ..... not come and execute registered sale deed by receiving remaining balance sale consideration. when the defendant issued the notice, he gave a suitable reply. therefore, he prayed for specific performance of the agreement, directing the defendant to execute a registered sale deed after receiving balance of sale consideration.3. the defendant resisted the suit alleging that the plaintiff was .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2005AP535; 2005(5)ALD767; 2005(6)ALT585
..... with the requirements of law and also the conditions in the agreement, they are not entitled to get any relief, particularly a discretionary relief of specific performance of agreement of sale. hence, the appeal has to be allowed and the decree and judgment of the court below is liable to be set ..... never met him and he also never contacted.21. further, the court below basing on the oral evidence decreed the suit while granting relief of specific performance on the ground that the undisputed and unchallenged evidence of p.w.1 touching this aspect of the case, coupled with the facts and circumstances ..... , there cannot be a plea that time was essence of the contract and thus the court below has rightly decreed the suit and ordered for specific performance. he further argues that apart from rs 32.00 lakhs, which have been deposited in pursuance of the interim orders of the civil court, ..... strength of the pleadings of both parties, the following issues were settled by the trial court:1. whether the plaintiffs are entitled for the relief of specific performance of contract as prayed for?2. to what relief?6. the court below after conducting trial decreed the suit with costs. aggrieved by the same ..... of the appeal, since the original appellant died, his wife was brought on record as his legal representative.3. the plaintiffs filed the suit for specific performance of the agreement of sale dated 3-6-1994. the case of the plaintiffs, as can be seen from the material allegations in the plaint, is .....Tag this Judgment!
Court : Delhi
Reported in : 1993(25)DRJ72
..... learned single judge was wrong in holding that the possession had not been delivered to the plaintiff-respondent. c) that although the learned single judge had decreed the suit for specific performance, but he has imposed certain conditions-and given directions which are firstly wrong and secondly unnecessary and onerous.(43) as regards contention (a) we do not feel it necessary ..... to a judgment of the supreme court in prakash chandra vs . angadlal. : air1979sc1241 . in this case it was held by the supreme court that 'the ordinary rule is that specific performance should be granted. it ought to be denied only when equitable considerations point to its refusal and the circumstances show that the damages would constitute an adequate relief'. in the ..... to a judgment by a full bench of gujrat high court in shah jitendra nanalal vs . patel lallubhai ishverbhai. : air1984guj145 wherein it was held that a conditional decree for specific performance subject to exemption being obtained under section 20 of the land ceiling act, 1976 is permissible. a learned single judge of this court has also taken a similar view in ..... and conditions of the agreements dated 25th july, 1972 and 26th july, 1972 for constructing a group housing multi-storeyed building. the learned single judge further passed a decree for specific performance of the aforesaid agreements dated 25th july, 1972. and 26th july, 1972 in favor of the respondent and against the appellant to the effects that subject to the fulfillment of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(4)ALD642
..... the same in spite of repeated requests by the plaintiff and through mediators', which is four years prior to the suit i.e., beyond the period of limitation for seeking specific performance through court.21. in the above circumstances it cannot be said that plaintiff is the owner of the suit property and is also not entitled to the alternative relief sought ..... in respect of the suit property, she should have filed a suit for specific performance. it is well known that what cannot be done directly cannot be permitted to be achieved in an indirect manner.20. the period of limitation for seeking ..... specific performance is three years from the date of refusal. in para 3 of the plaint it is alleged that the 1st defendant stopped paying the income for the suit property from ..... enforce the promise are available, the promisee, without taking recourse to those modes for obtaining the relief, cannot, by taking recourse to section 39 of the specific performance act, seek a mandatory injunction directing the first defendant to execute a sale deed in her favour. if the plaintiff felt that she is entitled to get a registered document .....Tag this Judgment!
Court : Mumbai
Reported in : 1997(1)BomCR664
..... for the sale of the properties of mr. warli on the basis of which he could confer on the respondent no. 1 a right to claim specific performance of such agreement and to compel the owner to execute deed of sale of the property in their favour.10. it is pertinent to note that in ..... case of the appellants was that the so-called agreement of sale executed by mr. patil cannot confer any title on the respondent no. 1 to claim specific performance of the said agreement. it was also contended by the appellants that the action of mr. patil was mala fide which is evident from the fact that ..... arose between respondent no. 1, the developer, and mr. patil, the power of attorney holder, as a result of which respondent no. 1 filed a suit for specific performance of the agreement of sale dated 10th june, 1983. the said suit was numbered as suit no. 2421 of 1983. in that suit, respondent no. 1, original ..... by mr. patil in respect of the said property.3. the suit in question was filed by respondent no. 1 against the predecessor of the appellants for specific performance of an agreement of sale dated 10th june 1983 executed by the power of attorney holder mr. patil for sale of the warli property. the case of ..... price, which are to be laid before the court. it is his business to negotiate that; it is not his business as negotiator to see to their performance. that is quite another matter. but when he draws up the proposals, and finally settles the proposals, which are laid before the court for its approval, .....Tag this Judgment!
Court : Delhi
Reported in : 2002IIIAD(Delhi)585; 2002(2)ARBLR60(Delhi); 97(2002)DLT200
..... prohibits the petitioners as it was agreed to seek any remedy if the vendors infringe the terms by way of filing a suit in the court under specific performance act. clause 10 reads as under:- 10. that if the vendors infringe the terms/conditions of this agreement to sell and fails to act as ..... when the parties were to appear before the sub-registrar, the vendee was not present and thereforee it was held that vendee was not ready to perform his part of the agreement. in the instant case, vendors have been granted opportunities after opportunities to show their willingness by way of depositing the consideration ..... saving as stated by him on oath. xxxxx in fact the lower courts ought to have considered whether the defendant himself was willing and ready to perform his part of the contract by executing the sale deed in favor of the plaintiff in discharge of the obligation undertaken under the agreement of sale ..... error which has crept into the judgment of the courts below is shutting their eyes to the question whether the defendant was ready and willing to perform his part of the contract and whether he had remained present at the sub registrar's office on the appointed day. on the other day the ..... 1.35 crores on 4.3.2002 against consideration amount of rs. 6,03,37,300/-. it is in view of aforesaid premise as well as non performance of the obligation by the respondents, mr. neeraj kaul, learned counsel for the petitioners has sought restraint order by invoking equities in their favor and the .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(4)BomCR143
..... disputes going on between the parties. therefore, merely because there is a construction contract entered into between the parties, the petitioner is not entitled to specific performance of the contract in view of section 14 of the specific performance act, 1963 automatically. even otherwise, on a foundation that there are admitted breaches committed by the respondent and, therefore, there is a case made out ..... the basic letter dated 31.03.2009 issued by the petitioner; the inability expressed even by the petitioner to complete the project; the capacity and capability of the petitioner to perform & complete the contract/project as per the respondent; unless all these facets are decided finally, i see there is no balance of convenience or equity lies in such type of ..... record. all this needs detail inquiry and trial.11. the court cannot compel the respondents to continue with the contract. it is difficult for the court even to supervise such performance of contract, based upon such type of public project, i see there is no material and reason to grant interim injunction as sought by invoking section 9 of the act .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(4)BomCR23
..... of the act, as set out by the apex court in adhunik steel ltd. v. orissa manganese & minerals (p) ltd. : air2007sc2563 , the court need to consider all the facets of specific performance act and the civil procedure code, including order 38, rule 5, order 39, rules 1 and 2, order 40, rule 1 i.e. principle of balance of convenience, apprehension with material to ..... as under:5. at the further outset, i submit that the respondent no. 1 is a public limited company listed on bombay stock exchange and has excellent track record in performance and profitability and despite the economic slow down and recession in the real estate market it has registered a impressive profitability of rs. 718.45 crores in the three quarters .....Tag this Judgment!