1. BASHIRUDDIN VS TEEPO - 26 Apr 12

Specific Relief Act, 1963—Section 16—Suit—Specific performance—Agreement for sale—Plaintiff not ready and willing to perform the ... part of the agreement—Suit for specific performance liable to be dismissed—Earnest money liable to be returned with 12% per annum ... No. 168 of 1984, which had been instituted by the appellants for specific performance of an agreement for sale against the respondents ... (in fact it was never paid), hence appellants were neither entitled to the specific performance of the agreement for sale nor for ... of readiness and willingness of the standard as required in suits for specific performance for agreement for sale (also mentioned

India - Allahabad

2. Dulal Chand Nandi Decd Thr Lrs VS Kiran Bala Mehru - 30 Jul 18

Specific Performance - Agreement to sell - Unregistered - Total sale consideration - Part payment - Specific ... performance, denied - Family of Mr. ... performance denied - It is directed that the amount of Rs.1 lakh shall be refunded along with the interest @ 18% per annum - An ... Nandi that the proposed sale deed is not in terms of the agreement to sell and that she would now seek specific performance. ... Mehru is not entitled to specific performance. ... Whether the plaintiff is entitled to relief for specific performance of the Agreement to Sell dated 12.05.83?

India - Delhi

3. M. G. MANJUNATH VS R. H. SRIDHARA - 01 Apr 10

Jagannathan, JJ] Specific performance of agreement of sale - Defendant agreed to sell property - Some amount was paid as part performance ... specific performance of agreement for sale - Defendants denied execution of agreement of sale and also receipt of amounts - Trial ... the decree for specific performance. ... performance of the agreement for sale. ... of the contract and, therefore, he was constrained to file the suit for specific performance of the agreement for sale and other ... in granting the decree for specific performance.

India - Karnataka

4. Surjit Kaur VS Naurata Singh - 13 Sep 00

If a contract is not capable of being performed in whole and a party clearly indicates that he is not willing to accept part performance, then there is no readiness and willingness, at all stages, to accept part performance. In that case there can be no specific performance of a part of the contract at a later stage.

(i) Specific Relief Act, 1963-Section 12(3)-Specific performance-Sale agreement-Performance ... Performance-Sale agreement-Agreement providing for double the amount as compensation to be paid by vendor in case of failure on ... sale deed-Purchaser not willing unless possession given-Suit for specific performance claiming compensation in alternative-Specific ... The 1st Respondent filed the present suit for specific performance of the Agreement to Sell. ... of possession could not take place there could be no specific performance of the Agreement. ... the specific performance of a part of a contract.

India - Supreme Court

5. Lakshmi Devamma VS Y. Venkataramana Peddy - 12 Apr 83

grand father - Suit by purchaser for specific performance Part- performance can be decreed by the Court. ... SPECIFIC RELIEF ACT, Sec. 12 - One of the defendants being a minor on whose behalf an agreement of sale was executed by their maternal ... enter into binding and unenforceable contract the other party cannot seek to absolve the contractual obligation to perform the part

India - Andhra

6. ARUN KUMAR GUPTA VS SANTOSH KUMAR - 28 Aug 17

performance of an agreement of sale or mere filing of a suit for a specific performance by itself will not lead to deferment of ... performance—Since the respondents-plaintiffs had purchased disputed house became owner and landlord and there was landlord-tenant ... by petitioner-defendant as tenant, since time of erstwhile owner—Respondent-plaintiffs filed a release application—Doctrine of part ... performance of an agreement of sale, or the mere filing of a suit for a specific performance, by itself will not lead to deferment ... part performance of the agreement of sale and not as a tenant. ... performance of the agreement of sale.

India - Allahabad

7. RAJENDRA SINGH VS CHANDRA PAL - 13 May 16

Specific Relief Act, 1963—Section 20—Code of Civil Procedure, 1908—Section 100—Suit—Specific performance—Agreement to Sale—Readiness ... and willingness to perform part of contract, as required for grant of relief of specific performance, is proved fact—Out of total ... agreed sale consideration of Rs. 80,000/- plaintiff-appellant had already paid Rs. 77,000/-—Amount of sale consideration was used ... to grant the relief of specific performance. ... discretion not to decree specific performance. ... of granting and refusing relief of specific performance.

India - Allahabad

8. T. Padmavathi VS P. Balamurugan - 10 Feb 22

for specific performance holding that agreement of sale stood proved? ... Ex.A-1 was proved, that plaintiff was ready and willing to perform his part of agreement and in decreeing suit for specific performance ... part of agreement? ... of the agreement and in decreeing the suit for specific performance. ... O.S.No. 268 of 2016 had been filed by the respondent seeking specific performance of an agreement of sale dated 29.09.2014 which ... performance holding that the agreement of sale stood proved?

India - Madras

9. Rekha Mukherjee VS Ashish Kumar Das - 18 Nov 03

A party giving an undertaking is bound thereby but by reason thereof, same cannot be given a meaning whereby scope and extent thereof is enlarged.

performance of contract in terms of agreement for sale and they had filed separate suit for specific performance-SLP by defendant ... performance of agreement. ... for specific performance dismissed by trial Court-Review application allowed on question whether earnest money should be directed ... performance of the terms and conditions of the agreement for sale. ... performance of agreement. ... of contract in terms of an agreement for sale in relation whereto they filed a suit being Title Suit No. 49 of 1990 for specific

India - Supreme Court

10. Kalingappa, Since deceased & represented by LR's VS Gowramma - 01 Jul 11

Besides, the fact that first defendant had obtained possession by specific performance of the agreement of sale and this makes his ... possession as possession on part of performance of the contract referred to under Section 53-A of T.P. ... Trial Court and First Appellate Court have seriously erred in denuding the first defendant the benefit of the agreement of sale in ... performance of the agreement of sale and this makes his possession as possession on part performance of the contract referred to ... performance of the agreement of sale passed in O.S.48/83. ... performance of the agreement of sale in favour of the 1st defendant-Kalingappa.

India - Karnataka