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Specific Performance Of Re-Conveyance Deed Can’t Be Sought When Plaintiff Denies Defendant’s Title In Property
Bysclaw
Dec 3, 2023![](https://sclaw.in/wp-content/uploads/2018/12/Specific-Performance.jpg)
By sclaw
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Agreement to sell – Suit for Specific performance – The appellant entered into a sale agreement with respondent 4, a Power of Attorney, for respondents 2 to 11 – The sale was to be completed by a certain date, which was extended multiple times – However, the land was sold to respondents 1 to 3, who were also Power of Attorney holders – The main issue was whether the sale agreement was valid and the appellant had the right to specific performance of the contract – The appellant argued that the agreement was valid, the earnest money was paid, and the suit was filed within the time limit – The respondents argued that not all co-owners signed the agreement, the appellant was not ready with the funds, and the suit was barred by limitation – The Trial Court decreed the suit in favor of the appellant, but the High Court set aside this decree, leading to the current appeal – The court found that not all co-owners signed the agreement, the Power of Attorney was not proved in the trial, and the appellant’s failure to appear as a witness was noted – The Supreme Court upheld the High Court’s judgment, dismissing the appeal and concluding that the appellant was not entitled to specific performance.
Jun 3, 2024
sclaw
Suit for specific performance – Suit for specific performance of an agreement for sale executed by the respondent in their favour in respect of a plot of land in Chandigarh – The Supreme Court held that the appellants were disentitled to the relief of specific performance due to their conduct of making false and/or incorrect statements in the plaint – The Supreme Court also held that the appellants did not give up their claim against the co-sharers of the respondent who were not parties to the suit.
Mar 8, 2024
sclaw
Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and there being no willingness shown by them to pay the remaining amount or getting the Sale Deed ascribed on necessary stamp paper and giving notice to the appellants to execute the Sale Deed, it cannot be said that in the present case, judged on the anvil of the conduct of parties, especially the appellants, time would not remain the essence of the contract – Suit for specific performance dismissed
Jan 14, 2024
sclaw