Transferor Fails to Perform Contract: Legal Remedies

2025 0 Supreme(Gau) 611

However, the transferor somehow or the other does not complete the transaction by executing a registered deed in favour of the transferee which is required under the law. ... The transferee must in part-performance of the contract, taken possession of the property or any part thereof, and the transferee must have done some act in furtherance of the contract. ... The doctrine of part-performance as contemplated in Section 53-A can be availed of by the....

2024 0 Supreme(Cal) 1369

Specific Performance of Contract. ... Subsequently, the suit was amended as a Suit for Specific Performance of Contract. ... As per the case of the defendant no. 1, the suit property was mortgaged against a Cash Credit Account and a term loan of the plaintiff company with the State Bank of India, Jadavpur Branch on 16th April, 2007 but has not taken any steps to close the said loan with the State Bank of India, Jadavpur Branch ... After taking the suit back, the plain....

2023 0 Supreme(Guj) 407

It is well settled proposition of law that in a suit for specific performance of a contract for sale, it has to be proved that the plaintiffs, who are seeking a decree for specific performance of the contract for sale must always be ready and willing to complete the terms of the agreement for sale, and ... notice of the contract or of the part performance thereof.” ... Act would not be available, if the transferee remains passive without taking effec....

He contended that in the case of every transfer of land the transferor impliedly undertook to complete the registration, that the title did not pass until registration and that therefore the contract could not be completed until registration had taken place. ... In my opinion it is clear that at that moment the plaintiff could not have brought a suit for specific performance against the transferor for the simple reason that the #HL_....

High Court, Ipoh

He contended that in the case of every transfer of land the transferor impliedly undertook to complete the registration, that the title did not pass until registration and that therefore the contract could not be completed until registration had taken place.He cited in support of this proposition a passage ... plaintiff the title deed of the land.The only thing therefore that remained to complete the transaction was for the plaintiff to present the transfer for regist....

He contended that in the case of every transfer of land the transferor impliedly undertook to complete the registration, that the title did not pass until registration and that therefore the contract could not be completed until registration had taken place. ... In my opinion it is clear that at that moment the plaintiff could not have brought a suit for specific performance against the transferor for the simple reason that the #HL_....

He contended that in the case of every transfer of land the transferor impliedly undertook to complete the registration, that the title did not pass until registration and that therefore the contract could not be completed until registration had taken place. ... In my opinion it is clear that at that moment the plaintiff could not have brought a suit for specific performance against the transferor for the simple reason that the #HL_....

2004 6 Supreme 399

The doctrine of part performance as contemplated in Section 53-A can be availed of by the proposed transferee against his transferor or any person claiming under him and not against a third person with whom he does not have a privity of contract. ... the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract." ... However, the transferor come how or the other does not #HL_....

2004 0 Supreme(MP) 660

the transferee has taken or continued in possession, other than a light expressly provided by the terms of the contract." ... ... The doctrine of part performance as contemplated in section 53A can be availed of by the proposed transferee against his transferor or any person claiming tinder him and not against a third person with whom he does not have a privity of contract. ... However, the transferor some how or the other does not#HL....

1948 0 Supreme(Ori) 6

that they had taken no steps to complete their titles they were nevertheless entitled under Section. 53-A actively to assert the rights of a proprietor in virtue of the contract of October 10, 1931 and their possession. " their Lordships held: "in their Lordships' opinion the amendment of the law effected ... if observed should have gone to make the contract of the transfer complete. ... It is not enacted to relieve a transferee of the onerous compliance of the terms ....

2019 0 Supreme(Mad) 2755

For the first time he had issued a legal notice on 31.12.2002. But till 31.12.2002, the plaintiff has not taken any steps to complete the sale. Thereafter, the suit has been filed in the year 2004 with an inordinate delay. Though it is contended under Ex.A.2, that a sum of Rs. 15,000/- was paid on 01.11.2002, the remaining sale consideration has to be paid as on the date is only Rs. 5000/-.

2018 0 Supreme(Mad) 2397

In the present case, the respondent has not taken any steps to perform his part of contract and he has not taken steps even though the appellants have evaded to perform their part of contract within one or two months from the date of agreement of sale. The respondent has stated that the intention of the appellants is to sell the suit property to some third party. Inspite of such a situation, the respondent did not take any steps till he issued notice on 05.12.2005, after expiry of period fixed in the agreement of sale.

2016 0 Supreme(Mad) 100

When the arguments on both sides were completed, the prosecution has come forward with the present application seeking joint trial belatedly. For three complete years, prosecution has not taken any steps. It is further stated that this Court has issued a direction to expedite the trial and to complete it within a time frame, however, the time frame could not be adhered to because of the laxity on the part of the prosecution in conducting the case. According to the accused/respondent, the prosecution has knowledge of the arrest of Deshmukh by the Narcotic Control Bureau, Mum....

2013 0 Supreme(All) 132

The allottee has not got the lease deed executed so far and has not complied with the conditions of the allotment to complete the project within 4 years i.e. upto 3.3.2012 from the date of allotment on 4.3.2008. The allottee was not vigilant and has not taken any steps to complete the project from the very beginning.

2012 0 Supreme(Mad) 1437

Even after such extensions the Petitioner-Company has not taken any effective steps to complete the work. Therefore, the Petitioner-Company was issued with seven days notice, and since, there was no progress, it was again issued with 48 hours notice on 16.9.2005. On this account only, contract was extended under Clause 17(a) (ii) of the General Conditions of the Contract. Since, even thereafter it failed to complete the work on the stipulated/mutually extended time viz., 30.9.2005, and failed to apply for further extension of time on valid and reasonable grounds, the Respon....