Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Judgments granting specific performance - Courts generally favor granting specific performance of an agreement to sell when the contract is valid, properly executed, and the plaintiff demonstrates readiness and willingness to perform their part. The relief is discretionary and based on equitable principles, with courts exercising their discretion judiciously, considering factors like bona fide intention, absence of unfair conduct, and the absence of undue delay. For instance, the court in its discretion can impose any reasonable condition including payment of an additional amount by one party to the other while granting or refusing decree for specific performance ["2025 Supreme(Online)(Mad) 72431"]. Similarly, granting of specific performance is an equitable relief, though the same is now governed by the statutory provisions of the Specific Relief Act, 1963 ["2022 0 Supreme(All) 1632"].
Main points and insights:
Courts may impose conditions, including payment of additional amounts, or refuse specific performance if equity demands, such as in cases of unclean hands, delay, or forged documents ["2025 Supreme(Online)(Mad) 72431"], ["2023 0 Supreme(P&H) 2129"].
Analysis and conclusion:
In the realm of property transactions, an agreement to sell can sometimes lead to disputes when one party fails to execute the sale deed. Buyers often seek , an compelling the seller to fulfill the contract. But when do courts grant such judgments? This post delves into key legal principles, judicial precedents, and practical considerations drawn from decisions.
Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
The question at hand is straightforward yet nuanced: judgments granting of agreement to sell. Courts typically grant this relief when there's a valid contract, the plaintiff shows unwavering to perform, and no exist. As an , it's discretionary, guided by fairness and . [
#SpecificPerformance, #PropertyLaw, #AgreementToSell
Learned counsel for the applicants, in addition to the grounds mentioned in the application, submits that a civil dispute with regard to specific performance of contract of sell is given the colour of criminal prosecution. ... The applicants have executed the agreemnt to sell within their own right. Therefore, the offence punishable U/s 468 and 471 of IPC is not made out. ... The purchaser was compelled to file civil suit for specific performance of contract against ....
Learned counsel submitted that in view of the same, the Courts below erred in granting a decree for specific performance rather than granting a decree for the refund of earnest money. ... instead of a decree of possession by way of specific performance of the agreement to sell. ... It is well settled that in a suit for possession by way of specific performance of an agreement to sell, the grant of a decree of #HL_S....
The trial Court, after considering the evidence adduced on both sides and on perusing the records, decreed the suit by granting the decree of specific performance. ... The trial Court, after considering the evidence adduced on both sides, correctly decreed the suit by granting specific performance relief, but however, the first appellate Court partly allowed the First Appeal and directed to execute the sale deed in respect of his share. ... Learned counsel for the appellant/defendant s....
Granting of specific performance is an equitable relief, though the same is now governed by the statutory provisions of the Specific Relief Act, 1963. These equitable principles are nicely incorporated in Section 20 of the Act. ... The suit of the plaintiff for specific performance fails. The defendants shall return the amount received by them under the agreement to sell to the plaintiff along with interest at the rate of 6% p.a., within a period of three months from ....
The Court is not to go into the question of inheritance or title of the suit property, and/or decline relief of specific performance on that account. Issues relating to title of the suit property are beyond the scope of specific performance of a valid agreement to sell. ... In view of the aforesaid facts as well as the settled position in law, there can be no hindrance in granting the decree for specific performance of the agreement with respect to t....
He further placed reliance on the following judgments of the Hon’ble Apex Court in order to demonstrate that decree for specific performance is discretionary one and comparative hardship is to be looked into while granting decree for specific performance:- “1. ... In view of ratio of law laid down by Hon'ble Apex Court on the scope of Section 16(c) of SPECIFIC RELIEF ACT , 1963, there is no illegality in the judgment of trial Court as well as first appellate Court #HL....
Upon the failure of the seller to execute the sale deed, Respondent No. 1-buyer filed a suit before the Trial Court, Sub Judge-IV, Patna under the Specific Performance Act, 1963 (“Act 1963)” seeking specific performance of the Agreement to Sell dated 25th January 2008 and the same was registered as Title ... Continuous readiness and willingness on the part of the Respondent No. 1-buyer/ purchaser from the date of execution of Agreement to Sell till the date of the decree, is a conditio....
Briefly stating, based on an agreement to sell dated 08.11.2010, the respondent / plaintiff filed a suit for possession by way of specific performance against appellant-defendant. ... by way of specific performance, filed at the instance of respondent / plaintiff has been decreed. ... He also submits that 04 kanals of land was sold by the appellant-defendant along with his brother in favour of one Gurvinder Singh vide sale deed dated 11.05.2015, thus, the specific performance....
Decree for possession by way of specific performance of the agreement to sell was passed in favour of the plaintiff. ... Jitender' seeking decree for possession by way of specific performance of the registered agreement to sell dated 16.10.2006 with regard to suit property. ... [Nirmala Anand's case (supra)] v) Rise in price is a normal change of circumstances and, therefore, on that ground a decree for specific performance cannot be reversed, though....
The petitioner filed a suit for possession by way of specific performance of agreemnt to sell dated 30.11.2015. The said suit bearing No. CS/566/2018 titled as ‘Gurpreet Singh versus Jagir Singh and others’ is now stated to be pending before the Court of Addl. ... I do not intend to pass any specific directions with regard to the time frame within which the suit should be decided. However, the application for amendment should not have been pending for months together. 6.
whether the plaintiff has been ready and willing to perform their part of the contract throughout and if so, whether the plaint is bad for non-specification of such readiness and willingness in the plaint? whether the plaintiff is entitled to specific performance of the agreement to sell?
In fact, the defendants had already discharged their onus by examining Indraj, one of the marginal witness of the agreement to sell and in the crossexamination of Kartar Singh, Numberdar, other attesting witness of the agreement to sell, who has been examined by the plaintiff, extracting that in fact it was a loan transaction. In such circumstances, in the considered opinion of this Court, both the courts committed an error in granting specific performance of the agreement to sell.
Whether plaintiff is entitled to specific performance of agreement to sell? (3) Whether plaintiff is entitled to permanent injunction, as prayed? (2) Whether plaintiff is entitled to specific performance of agreement to sell?
(3) Whether plaintiff is entitled to permanent injunction, as prayed? (2) Whether plaintiff is entitled to specific performance of agreement to sell? Whether plaintiff is entitled to specific performance of agreement to sell?
The plaintiff is entitled to specific performance of the agreement to sell. No question of law, much less any substantial question of law, arises in the present regular second appeal.
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