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India Case Law

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Land law

JOSEPH KANTHARAJ & ANR. versus ATIHARUNNISA BEGUM S.

On the facts, since the appellant produced an agreement of sale and there was no evidence of rent payment or acknowledgement of tenancy after its execution, and there was a pending suit for specific performance, the eviction proceedings should be deferred until disposal of the suit. The trial court's order was justified, and the High Court erred in granting eviction relying solely on prior case law without addressing the specific factual defence raised by the appellant.

Source excerpt

  • Eviction proceedings
  • Part performance of contract
  • Relationship of landlord and tenant
  • Deferment of eviction
  • Suit for specific performance
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Property law

SURINDER SINGH versus KAPOOR SINGH (D) THROUGH LRS. AND ORS.

Equity lies in favour of granting specific performance of the contract in respect of the share of the Appellant who was authorized to contract in relation to his own share, even though he was not authorized to contract the share of his sister; Section 12(3) of the Specific Relief Act, 1963 clearly applies, allowing specific performance for the part of the contract capable of performance, provided the party seeking relief relinquishes all claims for compensation and performance of the remainder.

Source excerpt

  • Specific performance
  • Part performance of contract
  • Specific relief act section 12(3)
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Contract law

SURJIT KAUR versus NAURATA SINGH AND ANR.

Where a party has categorically refused to accept part performance and not relinquished all claims to the remaining part of the contract, nor paid full consideration, conditions of Section 12(3) are not met and specific performance cannot be given for part performance; subsequent change of position is not permitted.

Source excerpt

  • Specific performance
  • Part performance of contract
  • Section 12(3), specific relief act
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Contract law

MANZOOR AHMED MARGRAY ETC. versus GULAM HASSAN ARAM AND ORS.

Decree for specific performance of contract can be granted despite default clause providing for payment of damages. Specific performance may be granted for part shares of property that can be transferred. Orchard land in question is specifically excluded from 'land' under J&K Agrarian Reforms Acts, and prohibition on transfer is not absolute. Plaintiff was ready and willing to perform contract, suit filed within limitation, and there is no statutory bar to relief sought.

Source excerpt

  • Specific performance
  • Part performance of contract
  • Sale of property
  • Default clause in contract
  • Prohibition on transfer of orchards
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Property law

SARDAR SINGH versus SMT. KRISHNA DEVI AND ANR.

The award declared a pre-existing joint ownership and was not compulsorily registrable; the vendor’s sale agreement could be specifically enforced only to the extent of his half share.

Source excerpt

  • Compulsory registration of awards
  • Benami transactions
  • Specific performance
  • Part performance of contract
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.