Vendor's Right to Possession After Specific Performance Decree: A Legal Breakdown

2025 0 Supreme(AP) 759

The case of the plaintiff is that the plaint schedule property belongs to Smt.Padathala Appala Narasama; she executed a sale agreement on 08.07.1981 in favour of the plaintiff; later delivered possession of the plaint schedule property to the plaintiff in the evening on the same day; therefore, the plaintiff ... Later, Smt.P.Appala Narasamma executed #....

2025 0 Supreme(Telangana) 244

sale consideration of Rs.14,12,000/- and that the defendant has executed a registered agreement of sale –cum – GPA vide document No.1487 of 2010, dated 22.07.2010 in favour of the plaintiff having received the said advance amount and also delivered the constructive possession of the suit schedule property ... Instead of filing a suit for declaration of title, he filed a suit for recovery....

    Apart from any express agreement, a vendor of immovable property is bound to deliver vacant possession (i.e., possession unmolested by the claim of any other person in possession) of the property sold to the vendee; on his failure to do so, the vendee is entitled to a rescission ... Vendor and vendee-Liability of vendor t....

2025 0 Supreme(Kar) 636

Therefore, unless and until the sale deed is executed, the purchaser is not vested with any right, title or interest in the property except to the limited extent of seeking specific performance from his vendor. ... According to the TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. a href="./.. ... He clai....

2023 0 Supreme(AP) 61

and that possession was never delivered under the agreement for sale to the plaintiff. ... At the time of purchasing the property some encroachers were in possession of the plaint schedule property and because of the efforts of the plaintiff herein, they were vacated and delivered the vacant possession of plaint schedule pro....

vendor is in a position to give possession of property which does not belong to him. ... Sale of land by auction-Notarially attested conditions of sale signed by purchaser-Defect in title of vendor-May purchaser repudiate sale ?-Warranty-Vacant possession. ... ) That being so, the question is whether the purchaser is entitled to ask for anything m....

2023 0 Supreme(AP) 1124

It is not for the defendants to say that the plaintiffs’ vendor did not receive the consideration. The recitals of the sale deed show that the plaintiff’s vendor received the sale consideration under Ex.A.1 and delivered the possession to the plaintiffs. ... As it is a suit filed seeking possession of the schedule property, the defend....

Current Civil Cases

4 on the strength of agreement to sell is belied in view of later sale deeds executed by defendant no.1 as vendor in their favour as vendees, stating the possession was delivered on the date sale deeds were executed without making any reference to the earlier possession as claimed by them. ... The plaintiff’s land measuring 5 kanals 6 marlas was howeve....

2023 0 Supreme(J&K) 575

4 on the strength of agreement to sell is belied in view of later sale deeds executed by defendant no.1 as vendor in their favour as vendees, stating the possession was delivered on the date sale deeds were executed without making any reference to the earlier possession as claimed by them. ... The plaintiff’s land measuring 5 kanals 6 marlas was howeve....

2025 0 Supreme(P&H) 165

(2007) 14 SCC 339 , wherein it was held that if possession is delivered, the document is chargeable as conveyance even if it is titled as an agreement to sell. ... Contract for sale - A contract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, cr....

2014 0 Supreme(Mad) 4315

Instances are not lacking where the possession is not delivered at all, while executing the sale deed. Once the sale deeds are held to be genuine, the consideration as mentioned in the sale deeds will be deemed to have been passed. The right of possession over a property is a facet of title. The vendor, in terms of the stipulations made in the deed of sale, is bound to deliver possession of the property sold.

2014 0 Supreme(Pat) 836

The vendor in terms of the stipulation made in the deed of sale is bound to deliver possession of the property sold. If he does not do show, he makes himself liable for damages. As soon as a deed of sale is registered, the title passes to the vendee.

2013 0 Supreme(P&H) 116

But in the instant case, it stands established that it was only the plaintiffs who were ready and willing to perform their part of the contract. 11. Learned counsel appearing for the appellant cited a decision of the Hon’ble Supreme Court in Surjit Kaur v. Naurata Singh, 2000(4) RCR (Civil) 513. That was a case where an agreement-holder insisted upon delivery of possession of the property under the agreement for sale before embarking upon execution of the sale-deed by the vendor.#HL_....

Current Civil Cases

That was a case where an agreement-holder insisted upon delivery of possession of the property under the agreement for sale before embarking upon execution of the sale-deed by the vendor. 11. Learned counsel appearing for the appellant cited a decision of the Hon’ble Supreme Court in Surjit Kaur v. Naurata Singh, 2000(4) RCR (Civil) 513. But in the instant case, it stands established that it was only the plaintiffs who were ready and willing to perform their part of the contr....

2009 3 Supreme 460

The vendor, in terms of the stipulations made in the deed of sale, is bound to deliver possession of the property sold. If he does not do so, he makes him liable for damages. As soon as a deed of sale is registered, the title passes to the vendee. The indemnity clause should have been construed keeping in view that legal principle in mind.