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Showing posts with label Specific performance of an agreement of sale sec.16 and sec.20 – agreement of sale proved – trial court decreed the suit – High court reversed by using it’s discretions not judicially. Show all posts
Showing posts with label Specific performance of an agreement of sale sec.16 and sec.20 – agreement of sale proved – trial court decreed the suit – High court reversed by using it’s discretions not judicially. Show all posts
Tuesday, October 7, 2014

Specific performance of an agreement of sale sec.16 and sec.20 – agreement of sale proved – trial court decreed the suit – High court reversed by using it’s discretions not judicially – Apex court held that The High Court has taken a very peculiar view that the plaintiff-appellant and also consider the default clause in the agreement itself shows the non willingness of the defendant in executing the agreement of sale and found that the plaintiff filed the suit which was premature and simple because properties value was raised pending suit, no suit be dismissed conditions may be imposed and as such Apex court directed to pay 25 lakhs for obtaining specific performance of decree =CIVIL APPEAL NO.9047 OF 2014 (Arising out of Special Leave Petition (Civil) No.2271 of 2012) K. Prakash …Appellant (s) Versus B.R. Sampath Kumar …Respondent(s) = 2014 – Sept. Month -http://judis.nic.in/supremecourt/imgst.aspx?filename=41947

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Specific performance of an agreement of sale sec.16 and sec.20 – agreement of sale proved – trial court decreed the suit – High court reve...