Search Results for "Agreement of Sale"

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Search Results for "Agreement of Sale"

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High Court

Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

7 Oct 2025

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

High Court

High Court of Karnataka Allows Writ Petition in Part in Specific Performance Suit — Reduces Penalty on Insufficiently Stamped Agreement of Sale and Family Settlement Deed. The court directed acceptance of reduced penalty amounts of Rs.2,200/- and Rs.100/- respectively and admission of documents in evidence, quashing the trial court's order on duty and penalty.

5 Oct 2023

The petitioner, J. Ramappa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwa...

High Court

High Court of Karnataka Allows Appeal for Specific Performance of Sale Agreement — Plaintiff Proved Readiness and Willingness to Perform Contract. The court held that the plaintiff was entitled to specific performance as he had deposited balance consideration and issued notice, satisfying Section 16(c) of Specific Relief Act, 1963.

6 Apr 2022

The appellant/plaintiff filed a suit for specific performance of an agreement of sale dated 12.09.2007 and 20.09.2007 for suit schedule property. The ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

20 Jul 2021

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

High Court

Bombay High Court Dismisses Appeal Against Decree of Specific Performance of Contract for Sale — Agreement of Sale Validly Proved and Plaintiff Ready and Willing to Perform. Court upholds trial court's finding that defendant failed to prove that agreement was not executed or that plaintiff was not ready and willing to perform.

3 Jan 2019

The present appeal arises from a judgment and decree passed by the Civil Judge, Senior Division, Aurangabad in Special Civil Suit No.26/2014, whereby ...

High Court

Bombay High Court Allows Second Appeal in Rent and Possession Dispute — Agreement of Sale Does Not Create Tenancy. The court held that an agreement of sale does not establish a landlord-tenant relationship, and the defendant's possession is permissive, not as a tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

17 Jul 2014

The case involves a second appeal by the original plaintiff, Vithal Saidu Lokhande, against the judgment of the appellate court which set aside the tr...

High Court

Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Upholds Concurrent Findings of Possession and Ownership Based on Revenue Records and Prior Adjudication. Tenancy Claim and Agreement of Sale Rejected as Not Proved and Inconsistent with Earlier Proceedings.

3 Jul 2014

The case pertains to a Second Appeal filed by the original defendants (appellants) against the judgment and order dated 7.4.2007 passed by the Princip...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Property Dispute — Agreement of Transfer and Re-conveyance Clause Requires Trial. Order VII Rule 11 CPC plaint rejection set aside as suit raises triable issues regarding clause 10 of 1957 agreement and plaintiff's transferee rights.

2 Sep 2013

The appellant, Satish Talakchand Shah, filed a civil suit (Civil Suit No. 1708 of 2010) in the City Civil Court, Mumbai, seeking declaration of owners...

High Court

Bombay High Court Dismisses Second Appeal by Defendants, Confirming that Document Dated 05.06.1953 is a Mortgage, Not an Agreement of Sale. The Court Upheld the Concurrent Findings of the Lower Courts that the Transaction was a Loan with Possession of Land as Security, and the Plaintiff was Entitled to Possession.

21 Aug 2013

The respondent/plaintiff filed a suit for declaration that a document dated 05.06.1953, styled as an agreement of sale (Isar Pawati), was actually a m...

High Court

Bombay High Court Allows Specific Performance Appeal in Land Sale Agreement Case — Plaintiff's Readiness and Willingness Established Despite Defendant's Loan Transaction Defence. The court held that the plaintiff's conduct of giving notice and filing suit before the stipulated date demonstrated readiness and willingness under Section 16(c) of the Specific Relief Act, 1963.

1 Dec 2005

The appellant, original plaintiff, filed a suit for specific performance of an agreement of sale dated 14-12-1988, whereby the respondent-defendant ag...

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