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Specific Performance Of Agreement To Sell In India

…. 2. The respondent applicants filed a 2011 O.S. 48 Order for the specific execution of an alleged oral agreement of 01.11.2009, in order to offer the respondents a length of 12 feet… only if the verbal agreement (presumed) is accepted and the court issues a decree for a specified benefit. Until then, there is no reason why property belonging to petitioners and other defendants… Commission of Inquiry to measure the property of petitioners and other defendants and identify the 12-foot path (on which they stated that there was a verbal agreement on 01.11.2009). This request was… The Supreme Court found that during the course of the trial, the complainant presented the Tribunal with documents indicating that the value of the property was six lakhs and thirty thousand rupees on November 20, 2006.

The applicant also recorded in the minutes a document indicating the value of the property as of April 1, 1999. The Supreme Court found that, although the above aspects were taken into account by the Tribunal and the first Court of Appeal, they were not accepted, while granting discharge of a certain benefit in favour of the respondent. The Supreme Court found that the contractual terms, the conduct of the parties at the time the contract was concluded and the circumstances in which the contract was entered into gave the respondent an unfair advantage over the applicants, making it unfair to impose the exemption from the special benefit. Given that the complainant proposed to pay ten lakhs as compensation instead of a certain benefit, the Supreme Court found that the payment of an 15-lakh rupee award would meet the objectives of justice. … An official receipt would have been received on 25.3.1987. At the same time, there was an alleged oral agreement of the defendant, the property of the… Pre-title of the defendant. As collateral for the advanced loan, a registered deed of sale was presented on 5-5-1953 with a contemporary oral arrangement that… allegedly a loan transaction and the alleged oral agreement on the misappropriation of the property at the time of return of the amount borrowed.

13. In paragraph 11 of the appeal, the applicants… respondent (`applicant`) complained about the actual fulfilment of the oral agreement.3 Respondent has launched legal action for certain services where… The sale agreement between the parties and, therefore, the special benefit order is made in favour of the applicant. It submitted that no case was invoked to appeal powers under Section 100 of C.P.C… there was no respect, he filed a complaint on 7.09.2002 for specific performance.5. The defendant objected to the application by filing a written statement in Exhibit 14. He said that the ground for the prosecution… One of the situations that arise for the courts in the event of a special execution of an agreement to sell a property is the increase in the price of the property during the litigation. However, the courts have indicated that the exemption from the specific benefit cannot be denied solely because of the phenomenal increase in prices during the rationalization of litigation.

In such cases, the principle of equalization of actions is again applied by the courts and, before the court grants or refuses the exemption from the particular benefit, the court is required to assess other decisive aspects, such as the issue. B to know who the defaulter is, if one party attempts to provide an unfair advantage over the other, the hardness that may result from the management of a defined benefit. , the unfair advantage that the buyer can obtain over the seller when a special benefit exemption is granted, etc.

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