Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Agreement to Sell

Friday, June 03, 2011
Agreement to Sell

Agreement to sell — Joint Property — Defendant No.3 (shareholder in the suit property) was not a party to the agreement — Held, he is not bound by the agreement executed by other defendants to the extent of his share — Further held, Defendant No. 3 has right to purchase to exclude the outsider who holds an equitable right of purchase of the shares of other defendants — Partition Act, 1893, Section 4.

Tuesday, September 12, 2006
Agreement to Sell

Agreement to Sell — No time for performance was fixed in the agreement for sale — Suit for specific performance of the agreement filed after more than 29 years — Whether barred by limitation ? — Held, no — Suit will be governed by second limb of Article 54 of Limitation Act, 1963 — Limitation Act, 1963, Article 54, Contract Act, S.46, Specific Relief Act, 1963. 

Agreement to Sell

Agreement to Sell — No time for performance fixed — Held, in a case where no time for performance is fixed the court has to find out the date on which the plaintiff had notice that the performance was refused and on finding that date, to see whether the suit for specific performance of agreement was filed within three years thereof.

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