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Documents citing Guruswamy Nadar vs P.Lakshmi Ammal(D) Through Lrs. & Ors on 1 May, 2008

(O&M;)Kirpal Singh vs Khazan Singh Etc on 25 November, 2014

Though, with much fanfare learned counsel for the appellant has sought to place reliance on Guruswamy Nadar vs. P. Lakshmi Ammal (D) through LRs and others 2008(3) R.C.R (Civil) 173 however, in view of the factual disparity as it is the admitted position in the cited ratio that the sale was after the filing of the suit in question and which has led to the applicability of Section 52 of the Transfer of property Act. In the present case, the suit has been filed admittedly on 12.10.1982 whereas, sale deed by the owners in favour of the subsequent purchasers has come about on 8.6.1982, much prior thereto, and, therefore, this argument of the learned counsel for the appellant falls to the ground. Though, the stand of the plaintiff as PW5 as to his readiness and willingness is not corroborated by any material evidence when he accepts that he has never served any legal notice and is totally silent having ever approached the office of the Sub-Registrar or the defendants and the specific date and time to prove the element of his readiness and willingness to perform his part of the contract are matters which have an adverse impact on the case of the appellant and shows that neither mentally nor physically he was ready and willing to do so. Even if, the Court intends to order specific performance of agreement to sell in favour of the plaintiff it would lead to more complications and rather would make any relief elusive to the plaintiff.
Punjab-Haryana High Court Cites 10 - Cited by 0 - F D Singh - Full Document

Sicpa India Private Ltd. vs Kapil Kumar & Ors. on 1 July, 2014

52. The case of Guruswamy Nadar vs. Lakshmi Ammal (D) through LRs and Ors (supra) only discusses the effect of lis- pendens and the only question that was argued was whether the principle of lis-pendens will be applicable or section 19 of the Specific Relief Act will have overriding effect. The Supreme Court held that the principle of lis-pendens will apply. However, the question as to whether the purchaser who has purchased after the filing of the suit is a necessary party to the suit for specific performance was not decided. The case has no application to the facts of the present case.
Delhi High Court Cites 35 - Cited by 0 - M Singh - Full Document
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