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Bombay High Court Dismisses Appeal for Specific Performance of Agreement for Sale of Immovable Property — No Concluded Contract Found. Agreement for Sale Not Established as Essential Terms Were Not Finalized and No Written Contract Executed Under Section 54 of Transfer of Property Act, 1882.

The appellants, Rizvi Builders, filed a suit for specific performance of an alleged agreement for sale of a property in Panaji, Goa, owned by responde...

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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Allows Appeal in Property Dispute — Agreement for Sale Breach Found. Court held that plaintiffs made out a prima facie case for temporary injunction where defendant failed to perform obligations under agreement for sale.

The appellants, Francisco Mascarenhas and Cecilia Carolina Mascarenhas, filed an appeal against an order of the Civil Judge, Senior Division, Quepem, ...

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Bombay High Court Dismisses Appeal in Stamp Duty Dispute — Agreement for Sale Without Possession Delivery Not a Conveyance Under Article 25 Schedule I of Bombay Stamp Act, 1958. Document Dated 03/3/2000 Held to Be Mere Agreement for Sale, Not Requiring Stamp Duty as Conveyance.

The case involves a Letters Patent Appeal filed by the appellants (legal representatives of the original defendant) against a judgment of a learned Si...

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Bombay High Court Allows Mesne Profits Claim in Ownership Dispute Over Flat. Court holds that plaintiffs established ownership of suit flat and defendants are liable to pay mesne profits for illegal occupation.

The plaintiffs, Mrs. Tarla N. Morjaria, Mrs. Usha S. Somana, and Mrs. Bharati V. Tanna, filed a suit against the defendants, Mr. Bipin Hiralal Shah an...