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Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

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Karnataka High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved. Plaintiffs failed to establish execution of agreement to sell dated 06.02.2009 due to lack of independent witnesses and suspicious circumstances.

The appellants (plaintiffs) filed a regular first appeal against the judgment and decree dated 29.01.2013 passed by the Principal Senior Civil Judge a...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Shop Due to Failure to Prove Valid and Concluded Contract. Plaintiff failed to establish that the agreement was final and binding, and the suit was barred by limitation.

The plaintiff, Shriram Gangaram Gupta, filed a suit in 1980 seeking a declaration that there was a valid and concluded agreement with Defendants Nos. ...

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Bombay High Court Partially Allows Appeal in Specific Performance Suit — Upholds Agreement to Sell but Denies Relief Due to Plaintiff's Default. Time not of essence originally but became so after notice; plaintiff failed to prove readiness and willingness under Specific Relief Act, 1963.

The case involves two appeals arising from a judgment and decree dated 19th January 1999 in Special Civil Suit No.25/1993/A by the Civil Judge, Senior...

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Bombay High Court Dismisses Second Appeals in Property Sale Dispute, Upholds Concurrent Findings of Valid Sale and Possession. Agreement for Sale and Sale Deed for Agricultural Land Upheld as Self-Acquired Property Not Subject to Coparcenary Rights.

The case involves two second appeals arising from a property dispute. The appellants, who are the wife, daughters, and son of Ramesh Krushnarao Deshmu...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Decrees Upheld. Readiness and Willingness Proved by Payment of Full Consideration and Possession; Stamp Duty Deficiency Curable on Payment.

The respondent (original plaintiff) filed a suit for specific performance of an agreement for sale of immovable property. The suit property was origin...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...