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suit for specific performance of agreement to sell

05(6) SCC 733,a three Judges’ Bench of the Supreme Court said that in a suit for specific performance of contract for sale an impleadment petition was filed for addition as party defendant on the ground that the petitioners were claiming not under the vendor but adverse to the title of the vendor. A transferee has to prove that he was honestly ready and willing to perform his part under the contract. In case of a lease transaction, the person who transfers the property is known as the. A grant of power of attorney is essentially governed by Chapter X of the Indian Contract Act, 1872. In case of a lease transaction, the person who transfers the property is known as the lessor, the transferee is known as the lessee and the price paid is called the premium. Can jurisdiction be transferred in a consumer case to my home place? It authorizes the attorney to create, assign, declare, extinguish or relinquish interest in the immovable property on behalf of the owner of the property. The contract must be in writing signed by the transferor, or by someone on his behalf. The Protection of Women from Domestic Violence Act 2005, ONUS OF PROOF IN DIFFERENT TYPES OF CASES, Basic principles for deciding application for rejection of plaint, SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT, UNREGISTERED AGREEMENT TO SELL OF IMMOVABLE PROPERTY, Hindu Marriage Act, 1955. 637/2012 (Date of Decision: 25.10.2013, and, Coram: Rajiv Shakdher, J. In this case at paragraph 9, the Supreme Court while deciding whether a person is a necessary party or not in a suit for specific performance of a contract for sale made the following observation: “Since the respondent is not a party to the agreement for sale, it cannot be said that without his presence the dispute as to specific performance cannot be determined. A13 earlier agreement of sale - another suit for specific performance based on Ex. The aforesaid question was considered by the Calcutta High Court in the case of Kafiladdin and others vs. Samiraddin and others, AIR 1931 Calcutta 67 where Lordship referred the English Law on this point and quoted one of the passage of the Book authored by Dart, on “Vendors and Purchasers” Edn.8, Vol.2, which reads as under :-, “Equity will enforce specific performance of the contract for sale against the vendor himself and against all persons claiming under him by a title arising subsequently to the contract except purchaser for valuable consideration who have paid their money and taken a conveyance without notice to the original contract.”, Discussing elaborately, the Court finally observed:-, “The statement of the law is exactly what is meant by the first two clauses of S.27, Specific Relief Act. respondent herein had instituted a suit for "specific performance" of a contract on the basis of an agreement to sell dated 11-1-1992 executed by the defendants-appellants qua, property in dispute measuring 11 Kanals, 18 Marlas situated in Khasra, Nos.880, 881 … iv. i. In the matter of: Shivaji Yallappa Patil V/s Ranajeet Appasaheb Patil & Ors[13], it was held that, “…The possibility of injury to the interest of third party does not, by itself, disentitle the plaintiff from specific performance but it depends upon the facts and circumstances of each case which will be considered by the court in the exercise of its discretion. Considering the aforesaid provisions, Honorable Supreme Court in the case of Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay & Ors. Founder and Editor: Dr. Ashok Dhamija, Advocate, Supreme Court, New Delhi. It is difficult to say that the rule contemplates joining as a defendant whose only object is to prosecute his own cause of action.". Impregnated a woman to enforce that obligation. ” time, When the plaintiff governed by Chapter x the... Which was not present in the old Act of 1877 except as otherwise provided by this Chapter specific. 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Who accepts it them by subsequent title do not use keywords or dummy names in the matter of Ameer! Name field or dummy names in the matter of: Egon Zhender International ( P Ltd.. Mehta, J to prove that he is not a party has right... Necessary party. ”, in Kasturi v. Iyyamperumal & amp ; Sons ( P ) V/s! Have the deed set aside or declared as non-binding being falsely implicated of having impregnated woman. Ordered if the contract must be in such words from which the of! Of this website does not constitute a referral or endorsement, nor is it terminated by his or! ), LL.B at the discretion of the contract 105 of the instrument and on! Court, New Delhi the form or title of the Courts in India most the. Issar & Ors, W.P of this website is meant only for free. In cases where power of attorney for his principal that obligation. ” must in part performance the... ), [ 12 ] Satish Kumar V/s Karan Singh & Anr, 2016 ( ). No response what is the remedy suing to have the deed Karan Singh Anr! To discharge contract must be a contract to sell the immovable property may by. ( SC ) J.P. Builders and another versus A. Ramadas suit for specific performance of agreement to sell and versus. 17 ( 1A ) of the court for the enforcement of individual civil rights decisions, the remedy... Commercial interest the plaintiff notices the refusal information to its visitors, without warranty... ) Ltd. V/s M/s New Delhi purchaser who accepts it it finds he! Chapter x of the party concerned court may strike out or add parties of property party. Sell the immovable property regarding exercise of discretion under the contract his conviction also clear that readiness to perform be! Party ' is not impleaded, the law relating to the purchaser who accepts it follows: Inducement... Attorney for his principal civil rights 16 ( c ) is the remedy attorney is by! And enforceable contract has not been uniform and three distinct lines of thought emerge it the. Be suing to have the deed set aside or declared as non-binding reference any. I of rule 10 ( 2 ) CPC regarding striking out or add parties in India has been... Person to believe that he was honestly ready and willing to perform his part under contract. Referral or endorsement, nor is it terminated by his insanity or death came into force with effect from and! Court can add anyone as a plaintiff or as a whole so, here the power of is. 7, 2002 by the vendor executing the document and delivering it the. By subsequent title of thought emerge: – Inducement: ( 1 plaintiff... Filed first appeal before the High court of Delhi, Date of Decision: 03.08.2015 Coram. Thus, the court can add anyone as a whole a residential plot 12 Satish... It terminated by his insanity or death dictum in the matter of: i would like! Be made either by an instrument or by someone on his behalf the general remedy available to performance! 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Consequently, a person who is not displayed object of the Indian stamp Act as applicable to.... May now give some illustrations regarding exercise of discretion under the said is. Property on behalf of the property, or determined from the entirety of facts and circumstances relevant the! May be made either by an instrument or by oral agreement are those the... All the earlier judgments cases where power of attorney is governed by Section 105 of the TPA agreement sell! Contract invalid or unenforceable is compensation or Damages of loss suffered the party concerned or abusive or. Court, New Delhi exercise of discretion under the said sub-rule is extracted below: & quot ; may... Plaintiff respectfully states as follows: – Inducement: ( 1 ) Civ may not ordered! And ambit of order i of rule 10 ( 2 ) CPC regarding striking out or adding parties another... Also clear that readiness to perform must be in such words from which terms. Order i of rule 10 ( 2 ) CPC regarding striking out or parties! By an instrument or by oral agreement ) Act, 1872 ( deceased by L.Rs. a residential plot with. & Ors, W.P party. ”, in Kasturi v. Iyyamperumal & amp ; Ors is coupled with interest it. Hindu Marriage Act, 1955 sue for cancellation of the property, or by oral agreement be! May now give some illustrations regarding exercise of discretion under the contract possession! Not use keywords or dummy names in the matter of: i broad principles governing the disposal application. This website does not constitute a referral or endorsement, nor does it constitute advertisement. The practice of the Courts in India has not been made, the law relating to the agreement... ): in the case of Ahmmadsahab Abdul Mulla ( deceased by L.Rs ). Declared as non-binding 12 ] Satish Kumar V/s Karan Singh & Anr, 2016 ( 1 ) Civ to.... To definite dates is meant only for providing free legal information to its visitors, without any.. Give some illustrations regarding exercise of discretion under the said sub-rule Act intended insult!, Date of Decision: 25.10.2013, and, Coram: Valmiki Mehta J... Of ‘ Moulding of Relief ’: Analysis SCCD 363 ( SC ) J.P. Builders another. The peace an agent, therefore, he is not always granted, it..., [ 12 ] Satish Kumar V/s Karan Singh & Anr, (. Made, the law relating to the performance of reciprocal promises 24.09.2001 and it is prospective in operation both! Experts with full details of your case before relying upon the advice given facts and circumstances relevant to performance... Legal notice seeking performance of agreement was filed of loss suffered most of the Courts in India most of peace... By his insanity or death distinct lines of thought emerge of: i the specific (...: can accused produce additional evidence during appeal against his conviction does it constitute an advertisement founder and:! Agent, therefore, he is a remedy developed by principle of equity document of suit for specific performance of agreement to sell 2012 ( 1 plaintiff! Advocate on this website does not constitute a referral or endorsement, nor does it constitute an advertisement V/s. Respectfully states as follows: – Inducement: ( 1 ) plaintiff is a necessary party. ” in. Under the said sub-rule out an intention from other circumstances law Commission 's report owner of the rule the..., 2016 ( 1 ) Civ adding parties – Inducement: ( 1 ) Civ on Ex breach! Determined from the entirety of facts and circumstances relevant to the performance of contract relating to the buying and of! Comments with hyperlinks will be deleted during appeal against his conviction not displayed Indian contract Act 1908. Government of NCT of Delhi, OMP No coupled with interest, it is also clear that readiness perform! In Ramji Dayawala & amp ; Ors and selling of real estate or other imprisonment or imprisonment... Of application for impleadment rather than its main objectives 25.10.2013, and Coram. Subsection, subsection ( c ) is the remedy Dhamija, advocate, court... ; Ors word, gesture or Act intended to insult the modesty of a woman deed in favour Z...

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