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Madras High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court's Decree for Specific Performance and Injunction. Sale Agreement with Full Payment and Possession Confers Equitable Right Under Section 53-A of Transfer of Property Act, 1882.

The plaintiff, Sarojini, filed a suit for specific performance of a sale agreement dated June 25, 2003, and for permanent injunction against the defen...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Sale Agreement for Rs.4,75,000 with Rs.75,000 advance; plaintiff always ready and willing; defendant's unilateral rescission invalid.

The case arises from a suit for specific performance of a sale agreement dated May 26, 2006, whereby the plaintiff (first respondent) agreed to purcha...

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Madras High Court Dismisses Appeal in Money Recovery Suit Based on Unproven Sale Agreements. Plaintiff Failed to Establish Execution of Agreements or Payment of Advance Amount, Trial Court's Findings Upheld.

The appellant, A. Mohammed Thariq, filed a First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, against the j...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order to Impound Insufficiently Stamped Sale Agreement. Document Insufficiently Stamped Cannot Be Admitted in Evidence Without Payment of Deficit Stamp Duty and Penalty Under Section 34 of Karnataka Stamp Act, 1957.

The petitioners, who are plaintiffs in O.S. No.4/2009 pending before the Senior Civil Judge, Lingasugur, filed a suit for specific performance based o...

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High Court of Karnataka Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Section 482 CrPC Petition Allowed. Dispute over sale agreement and possession held to be civil in nature, not constituting criminal offences under Sections 415 and 420 IPC.

The petitioner, B.C. Suresha, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire p...

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High Court of Madras Hears First Appeal against Denial of Specific Performance in Sale Agreement. Trial Court Denied Specific Performance Due to Non-Deposit of Balance Consideration, Appeal Filed Under Section 96 CPC.

The dispute arose from a sale agreement dated 29.02.2016 between the appellant/plaintiff and respondent/defendant for purchase of the suit property fo...