...Sinha, C.J— This appeal on a certificate granted by the High Court of Punjab arises out of a suit for specific performance of a contract of sale in respect of a ho...had always been ready and willing to perform their part of the contract and that it was the defendant who had backed out of it. Hence, the suit for specific performance of the contract for sale or...is as follows:“(8) Is the contract contingent or impossible of performance and is uncertain and vague and is therefore void?”The other materia...

...Tarun Chatterjee, J.— Leave granted.2. The only question that needs to be decided in this case is whether in a suit for specific performance of contract for...case may be narrated at a short compass. The appellant herein filed the suit against Respondents 2 and 3 for specific performance of a contract entered into between the second respondent acting as a...power of attorney of the third respondent on one hand and the appellant on the other for sale of the contracted property. In this suit for specific performance of the contract for sale, Respondent...

..., against the defendant in the Court of the Assistant District Judge of Goalpara at Dhubri, praying for a decree of specific performance of contract for sale of the suit property (Ext. 1)..., therefore, the question of avoiding to execute the sale deed would not arise. He pleaded that the appellant was entitled to neither the specific performance of contract nor the damages, the...aside the judgment of the trial court with regard to relief of specific performance of the contract (Ext. 2) but granted a decree for compensation in a sum of Rs 22,094 (Rs 17,000 + 1000...

...TARUN CHATTERJEE, J. Leave granted. The only question that needs to be decided in this case is whether in a suit for specific performance of contract for sale of a property instituted by...Appellant herein has filed the suit against the respondent Nos. 2 and 3 for specific performance of a contract entered into between the second respondent acting as a power of Attorney of the third responde...on one hand and the appellant on the other for sale of the contracted property. In this suit for specific performance of the contract for sale, the respondent Nos. 1 and 4 to 11, who were admittedly...

...S.B Sinha, J. A suit for specific performance of contract for enforcing an agreement for sale dated 6-6-1977 was filed by the respondent herein against Shri P. D'Souza, the.... In the aforementioned situation, a suit for specific performance of the agreement of sale was filed.8. One of the issues which was raised by the defendant in his written statement was t...option to pay the liquidated damages, in that view of the matter, decree for specific performance of contract could not have been passed. Reliance in this behalf has been placed on...

...defendant-appellants are entitled to protect their possession of the suit property obtained in pursuance of part-performance of agreement for sale even after the suit for specific performance of ...sale is barred by limitation.6. The argument of learned counsel appearing for the appellants is that even though the suit for specific performance of the agreement for sale is barred by limitat....7. A perusal of Section 53-A shows that it does not forbid a defendant transferee from taking a plea in his defence to protect his possession over the suit property obtained in part-performance ...

...S.B Sinha, J.— The heirs and legal representatives of the original defendant in a suit for specific performance of contract and the subsequent purchaser are before us in these...cancelled by the respondent on the premise that the same stood frustrated. The plaintiff-respondent in CA No. 2023 of 2004 thereafter filed a suit for specific performance of contract.5.... The learned trial Judge decreed the said suit in part. While rejecting the prayer for grant of specific performance of contract, the defendant was directed to refund the amount of advance as...

...fact. A plea of limitation is a mixed question of law and fact. The question as to whether a suit for specific performance of contract will be barred by limitation or not would not only depend upon the...performance of contract would be governed by Article 54 of the Limitation Act, 1963. While determining the applicability of the first or the second part of the said provision, the court will first...whether any time was fixed for performance of the agreement of sale and if it was so fixed, whether the suit was filed beyond the prescribed period unless any case of extension of time for ...

...Senior Civil Judge, Alipore, purported to be in terms of Order 12 Rule 6 of the Code of Civil Procedure (for short CPC) for dismissing the said suit for specific performance of contract on the pre...agreements were valid. The said suit for specific performance of contract was dismissed by the IXth Senior Civil Judge, Alipore, in terms of Order 12 Rule 6 CPC purported to be on admission on the...executing the decree passed in the said Title Suit No. 412 of 1977. Respondents 1 and 2 applied for stay of execution thereof on the ground that their suit for specific performance of contract had been...

...S.B Sinha, J.— Leave granted.2. Subsequent purchasers who were arrayed at a later stage in a suit for specific performance of contract are before us...held that the suit was not barred by limitation. It was observed that although grant of a decree for specific performance of a contract is discretionary in nature but as the plaintiff had paid a...:“(1) Whether the plaintiff is entitled to seek enforcement of specific performance of Ext. A-1, agreement of sale?(2) Whether the sixt...

...30, 1967. Under the circumstances Respondents 1 to 5 were obliged to file a suit which was later on numbered as Suit No. 10 of 1968 in the Court of Civil Judge, Aligarh for specific performance of the ...it was held:“In a suit instituted by a purchaser against the vendor and a subsequent purchaser for specific performance of the contract of sale, if the plaintiff...succeeds, the proper form of the decree to be passed is to direct specific performance of the contract between the vendor and the plaintiff and direct the subsequent transferee to join in the conveyance so...

...performance of a contract to sell relating to 25 bighas of irrigated agricultural land in Chak No. 3 SLM, being Square No. 112/63, Colonisation Tehsil Pungal, District Bikaner, Rajasthan (hereinafter called...agreement by which the nature of the suit, which is a suit for specific performance of the contract for sale could not be said to have been changed. This application for amendment of the plaint was also...agreement in question in a suit for specific performance of contract for sale. By an order dated 25-2-2005, the Second Additional District Judge, Bikaner, allowed the application for amendment of the...

...Arijit Pasayat, J.— The defendant in a suit for specific performance of contract questions correctness of the judgment rendered by a Full Bench of the Kerala High Court...court denied the relief of specific performance of the contract on the ground that the plaintiff has failed to plead and prove that he is still ready and willing to perform his part of the ...than terms the performance of which has been prevented or waived by the defendant.Explanation.—For the purposes of clause (c),—(i) ...

...the suit having expended a huge amount by way of renovation of the “haveli”, the learned Judge rightly found that it would be inequitable to refuse to pass a judgment of specific performance of ...performance of the contract can be granted only in the event the plaintiff not only makes necessary pleadings but also establishes that he had all along been ready and willing to perform his part of the...three months.(iv) The appellant had prayed for an alternative relief viz. that he was ready to get the decree for specific performance of contract by...

...S.B Sinha, J.— Leave granted.2. The defendant in a suit for specific performance of contract is before us, aggrieved by and dissatisfied with a...4 acres 4 guntas of land in Survey No. 112.A, Chhidri Village. A suit for specific performance of contract was filed by Respondent 1-plaintiff on the premise that the appellant did not perform his....(iii) The findings of the trial court that Respondent 1-plaintiff was always ready and willing to perform its part of contract was not correct....

...Court allowed the plaintiff's appeal, set aside the concurrent findings of the trial court and the first appellate court and decreed the plaintiff's suit for specific performance of contract against...Gurnam Singh (Defendant 4). The suit was filed, for specific performance of the contract dated 6-5-1974, by Gurbachan Kaur against the aforementioned 4 defendants in relation to the suit land. The...relief of specific performance of contract was concerned but decreed the suit by granting money decree for Rs 7000 in the plaintiff's favour. In this way, the suit was partly decreed and partly dismissed...

...period of three months which was also the period fixed for performance of the terms of the agreement. However, an extension thereof had been granted. The appellant made several requests to the respondents to perfor...court.3. The appellant filed a suit against Respondents 1 to 5 herein, inter alia, for a decree of specific performance of contract in respect of the said agreement of s...sale deed in his favour and his nominee failing which a legal proceeding shall be initiated for specific performance of the said agreement for sale. It is not in dispute that the appellant was all along ready and willing to perform ...

.... Respondent 2 as noticed hereinbefore was not impleaded as a party. A decree for specific performance of contract was not prayed for in the said suit. Neither any averment was made nor in law the same...could be made that he had been put in possession by way of a part-performance of contract as envisaged under Section 53-A of the Transfer of Property Act.6. The learned...parties therein. The first respondent herein also filed a suit for specific performance of contract against the appellant as also Respondent 2. The said suit was registered as OS No. 93 of 1990. Both OS...

...-allegations made by one party against the other therein, the learned trial court decreed the appellants' suit for specific performance of contract. The said judgment and decree came to be challenged before...performance of contract.14. Mr Sudhir Chandra, learned Senior Counsel appearing on behalf of the respondents, on the other hand, would support the impugned...and thus, they became disentitled from obtaining the discretionary relief of specific performance of contract.(ii) The said finding of the High Court...

...S.B Sinha, J.— The plaintiffs in a suit for grant of decree for specific performance of contract are before us aggrieved by and dissatisfied with the judgment and decree dated.... The learned trial Judge, furthermore, opined that a suit for specific performance of contract at the instance of the plaintiff alone was maintainable although Mohammed Kasim Ali was not to be a party...performance of the contract having been filed five days before expiry of three years from the date of expiry of contract was a clear pointer to show that the plaintiff was not ready and w...