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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings on Readiness and Willingness. Agreement of Sale with Possession and Part Payment Enforced Against Subsequent Purchaser Under Section 16(c) of Specific Relief Act, 1963.

The second appeal arises from a suit for specific performance of a sale agreement dated 15.7.1987 between the plaintiff (first respondent) and the fir...

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High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

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Supreme Court Upholds Indemnity Claim for Loss of Ownership Despite Continued Possession. Indemnity Bond Enforceable When Purchaser's Title Defeated by Creditor's Sale, Even Without Dispossession.

The dispute arose from a sale of land by a father (second defendant) of property belonging to himself and his minor son (third defendant). To protect ...

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High Court of Karnataka Allows Writ Petition of Subsequent Purchaser in SC/ST Land Transfer Case — Deputy Commissioner's Order Quashed. Sale of Granted Land After Expiry of 15-Year Non-Alienation Period Held Valid Under Section 4(2) of Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act, 1978.

The petitioner, Smt. R. Sarojini Devi, a subsequent purchaser of land, challenged the order of the Special Deputy Commissioner, Bengaluru District, da...

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Bombay High Court Dismisses Judgment Debtor's Objection to Auction Sale in Execution Proceedings — Auction Sale Confirmed Despite Alleged Irregularities as Objection Filed After 15 Days Without Proper Explanation.

The petitioner, Bhagwandas s/o Chunilal Purohit, was the original defendant/judgment debtor in a recovery suit filed by respondent No.1, Machindra s/o...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Joint Family Property Character Upheld Despite Sale by Sole Surviving Coparcener. Adoption Does Not Convert Joint Family Property into Self-Acquired Property; Purchaser Fails to Prove Bonafide Purchase Without Notice.

The case involves a second appeal arising from a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs) against Respondent No.4 (Sidh...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...