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Gujarat High Court Dismisses Appeal Against Decree of Specific Performance and Mesne Profits. Notarized but Unregistered Agreement to Sell Held Void Under Registration Act, 1908.

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 08.05.2024 passed by the ...

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Supreme Court Upholds Execution Court's Power to Extend Time for Deposit in Specific Performance Decree Despite Delay. Section 28 of Specific Relief Act, 1963 vests jurisdiction in the court executing the decree to extend time and reject rescission where decree-holder was ready and willing.

The case arises from a suit for specific performance of an agreement to sell dated 18.05.2005. The trial court decreed the suit in part, directing ref...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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High Court Allows Revision Against Rejection of Rescission of Contract Application Under Section 28 of Specific Relief Act, 1963. Decree-holders' failure to deposit balance consideration within extended time justified rescission of sale agreement.

The case involves a civil revision application filed by Bhagwat Harinkhede (original defendant/judgment-debtor) against Amit Zha and Ajay Nashine (ori...

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Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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Bombay High Court Disposes of Appeals by Acquiring Authority in Land Acquisition Compensation Dispute. The Court examines the correctness of enhanced compensation awarded under the Land Acquisition Act, 1894, for land acquired under the MRTP Act.

The appeals before the Bombay High Court arose from land acquisition proceedings under the Land Acquisition Act, 1894 read with the Maharashtra Region...