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PARTHA SARTHY
Sangita Sinha – Appellant
Versus
Bhawana Bhardwaj – Respondent
Partha Sarthy, J. – The instant appeal has been preferred against the judgment dated 27.4.2018 and decree dated 10.5.2018 passed in Title Suit no. 176 of 2008 whereby the suit filed by the plaintiff-respondent no.1 was decreed on contest with a direction to the defendants to execute the sale deed in favour of the plaintiff with respect to the suit property described in Schedule-A of the plaint.
2. The case of the plaintiff in brief is that Kusum Kumari (original defendant no.1) was the owner of plot no. A/164 in P.C. Colony, Kankarbagh, Patna measuring an area of 2800 sq.ft. with a house constructed thereon. The same has been fully described in Schedule-A (herein after referred to as ‘the suit property’) of the plaint of Title Suit no.176 of 2008. Having come to know the desire of the original defendant no.1 to sell, the plaintiff approached her with the offer to purchase the suit property. In the discussion, her grandson i.e. the defendant no.1 and his wife, the defendant no.3 also participated and it was agreed that the original defendant no.1 would sell the suit property to the plaintiff for a consideration of Rs.25 lacs. An agreement dated 25.1.2008 was entered into, which was d
An agreement for sale executed with the requisite consent is valid regardless of subsequent claims of mental incapacity or revocation; readiness and willingness must be proven and assessed based on t....
Relief of specific enforcement of contract is a discretionary relief and conduct of parties is of utmost importance while considering prayer for grant of discretionary relief.
Relief of specific enforcement of contract is a discretionary relief and court is not bound to grant same because it is lawful to do so.
Agreement to Sell – Vendor is not permitted to set up defect of title as a defence in a suit for specific performance.
Specific Relief Act, 1963 – Section 20 – Indian Evidence Act, 1872 – Sections 91 and 92 – Agreement to sell – Decree for specific performance of contract – Agreement does not require to be signed nec....
The plaintiffs failed to prove the validity of the sale agreement and the payment of consideration, leading to the dismissal of their appeal for specific performance.
An unregistered agreement to sell immovable property is inadmissible in evidence and cannot confer rights unless registered, as per the Registration Act.
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
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