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Showing posts with label
suit for specific performance of compromise order
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Showing posts with label
suit for specific performance of compromise order
.
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Wednesday, September 4, 2013
suit for specific performance of compromise order = compromise was arrived at, whereby, the respondent No.2 agreed to re-convey the land to the extent of 1.16 acres to the appellant. This was on the condition that the respondent No.2 would use the remaining 1 acre land for building the administrative block. The appellant was also required to use the re-conveyed parcel of land for industrial purposes. = Thus, there was no breach of the compromise on the part of the Government which would necessitate her to file a suit for specific performance. Once it is held that the Government retracted its steps well in time, there could not be any decree of specific performance based on the alleged breach of the compromise. ; non-issue of the notice under Section 80 could not be permitted to be raised for the first time in the second appeal, when this contention was not raised seriously at any stage earlier.
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publisehd in http://judis.nic.in/supremecourt/imgst.aspx?filename=40721 NON-REPORTABLE IN THE SUPREM...
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