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Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

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Supreme Court Allows Appeal and Restores Decree for Specific Performance in Property Sale Dispute — Time Not of Essence Due to Reciprocal Promises. Seller's Obligation to Clear Mortgage First Made Time Flexible; Plaintiff's Readiness and Willingness Established by Deposits and Notices.

The appeal arose from a suit for specific performance of an agreement to sell dated 22.09.2002, whereby the defendant agreed to sell suit property to ...

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Supreme Court Allows Appeal in Specific Performance Suit, Sets Aside Ex Parte Decree Subject to Conditions. Litigation Should Be Adjudicated on Merits, Not Terminated by Default Under Order 9 Rule 13 CPC.

The appeal arose from a suit for specific performance and mandatory injunction filed by the respondent (plaintiff) against the appellant (defendant). ...

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Supreme Court Dismisses Specific Performance Claim but Orders Refund of Earnest Money with Interest in Property Sale Dispute. Plaintiff failed to prove readiness and willingness and additional payment of Rs. 6,75,000; only earnest money of Rs. 26,000 refundable with interest.

The dispute arose from an agreement of sale dated 21.07.2006 between the Plaintiff (Dr. Manohar Ganapathi Ravankar) and the Defendant (H. Gurunanda Ra...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Time Was Essence of Contract and Plaintiffs Failed to Prove Readiness and Willingness. Limitation Period Under Article 54 of Limitation Act, 1963 Starts from Date Fixed for Performance; Extension Not Proven.

The appeal arose from a suit for specific performance of an agreement to sell property at 82, Jor Bagh, New Delhi, dated 05.10.1974, between the plain...

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Supreme Court Dismisses Appeal of Booth Allottee for Persistent Default in Payment - Resumption Order Confirmed. Rank defaulter not entitled to relief despite multiple opportunities; Article 142 cannot protect unscrupulous buyer who paid only 25% of sale consideration and defaulted for 23 years.

The Supreme Court dismissed the appeal filed by Rajiv Vohra against the State of Haryana and others, confirming the resumption order passed by the Est...

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Supreme Court Allows Appeal Against High Court Order Reversing Possession in Real Estate Dispute — Delay of 721 Days Condoned Without Satisfactory Explanation. Possession of villa handed over pursuant to interim orders to continue as per agreement.

The Supreme Court allowed the appeal filed by Sanjay Singh and another against the order of the Delhi High Court dated 25.07.2018. The dispute arose f...