Search Results for "Agreement of Sale"

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Search Results for "Agreement of Sale"

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High Court

Madras High Court Dismisses Second Appeals in Property Dispute Between Son and Father/Sister. Specific Performance Suit Dismissed as Agreement Not Proved; Injunction Suit Decreed in Favor of Father and Sister.

24 Apr 2026

The case involves two second appeals arising from cross-suits between a son (appellant) and his father and sister. The appellant filed a suit for spec...

High Court

Madras High Court Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved, Plaintiff Failed to Establish Readiness and Willingness. The court set aside the decree for specific performance and refund of advance under the Specific Relief Act, 1963, as the plaintiff did not prove the execution of the agreement or his continuous readiness and willingness.

2 Apr 2026

The appeal arises from a suit for specific performance of an agreement of sale. The plaintiff/respondent claimed that on 14.09.2015, the defendants/ap...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

High Court

Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

11 Feb 2026

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

High Court

High Court of Karnataka Allows Writ Petition Against Refusal to Mark Agreement of Sale in Suit for Specific Performance — Stamp Duty and Penalty Must Be Adjudicated at Final Hearing, Not at Stage of Marking Document. The court held that under Section 33 of the Karnataka Stamp Act, 1957, a document insufficiently stamped must be impounded and sent to the Collector for adjudication, and cannot be rejected at the marking stage.

14 Feb 2019

The petitioner, plaintiff in O.S.No.29/2011 before the Principal Senior Civil Judge, Udupi, filed a suit for specific performance of an agreement of s...

High Court

Bombay High Court Allows Petitioner's Challenge to Reopening of Ceiling Proceedings After 15 Years. Inordinate Delay and Violation of Natural Justice Render Suo Motu Revision Under Section 45(2) of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 Unsustainable.

7 Mar 2011

The petitioner, Madan Shendge, filed a writ petition challenging the order dated 20th April 1992 passed by the Additional Commissioner, Aurangabad Div...

High Court

Bombay High Court Quashes Reopening of Ceiling Proceedings After 15 Years Due to Inordinate Delay. Suo Moto Revision Under Section 45(2) of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 Held Invalid for Lack of Reasonable Time and Violation of Natural Justice.

7 Mar 2011

The petitioner, Dyanoba S/o Bapurao Shendge, filed a writ petition challenging the judgment and order dated 20th April 1992 passed by the Additional C...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Case — Agreement of Sale Found Unconscionable and Not Proved. Court holds that readiness and willingness is sine qua non for decree of specific performance and that appellate court cannot rely on unproduced documents without following Order 41 Rule 27 CPC.

27 Jan 2011

The case arises from a suit for specific performance of an agreement of sale dated 8-8-1973 filed by the original plaintiff (respondent No.1) against ...

High Court

Bombay High Court Allows Writ Petitions Challenging Tenancy Certificate in Mortgage Disguised as Sale. Agreement of Sale Held to be a Mortgage by Conditional Sale Under Bombay Tenancy & Agricultural Lands Act, 1948.

11 Jan 2011

The petitioner, Allauddin Bapubhai Mulla, was the owner of two agricultural lands, Gat No. 44/3B/1A and Gat No. 40/1A, situated at village Degaon, tal...

High Court

Bombay High Court Allows Appeals in Specific Performance Suit — Agreement of Sale Not Proved Due to Absence of Attesting Witness and Discrepancies in Evidence. Plaintiffs Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Dec 2010

The case involves two first appeals arising from suits for specific performance of agreements of sale dated 11.4.2002. The respondents (plaintiffs) cl...

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