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1 - 10 of 14 (0.80 seconds)Section 19 in The Specific Relief Act, 1963 [Entire Act]
Pukhraj D. Jain & Ors vs G. Gopalakrishna on 16 April, 2004
Learned senior counsel for the appellant placed reliance on the
judgment of Hon'ble Supreme Court in the case of Pukhraj D. Jain & Ors.
Vs. G.Gopalakrishna 2004 (3) RCR (Civil) 171, wherein Hon'ble
Supreme Court was pleased to lay down, that the plaintiff has to aver in the
plaint, that he has always been ready and willing to perform essential terms
of contract. This fact is further, to be supported by surrounding
circumstances, which must also indicate, that the readiness and willingness,
continued from the date of contract till the filing of the suit.
M.M.S.Investments, Madurai And Ors vs V. Veerappan And Ors on 11 April, 2007
Hon'ble Supreme Court in the case of M.M.S. Investments,
Madurai and Ors. Vs. V.V.Veerappan and Ors. 2007 (2) RCR (Civil)
816 has been pleased to lay down as under:-
Ram Awadh (Dead) By Lrs. & Ors. vs Achhaibar Dubey & Anr. on 1 February, 2000
Therefore, the provision of the Specific Relief Act, 1963 (in
short the Act) is not applicable. It is to be noted that the
decision in Ram Awadh's case (supra) relates to a case where
there was only an agreement. After the conveyance, the only
question to be adjudicated is whether the purchaser was a bona
fide purchaser for value without notice. In the present case the
only issue that can be adjudicated is whether the appellants
were bona fide purchasers for value without notice. The
question whether the appellants were ready and willing is really
RSA No.1634 of 1990 18
of no consequence.
Vriddhachalam Pillai vs Chaldean Syrian Bank Ltd., Ananother on 3 December, 1963
In support of this contention, learned senior counsel for the
appellant placed reliance on the judgment of Hon'ble Supreme Court in the
case of Panna Lal Vs. State of Bombay & Ors. AIR 1963 SC 1516,
Virdhachalam Pillai Vs. Chaldean Syrian Bank Ltd., Trichur and Anr.
AIR 1964 SC 1425 and Smt.Ram Rakhi Vs. Smt. Arti, Anr. AIR 1993
Himachal Pradesh, 137, and judgments of this court in the cases of
Abnash Chander Vs. Surat Singh 1992 PLJ 12 and Ram Kishan Vs.
RSA No.1634 of 1990 19
Bhagwan Sarup Nagar 2006 (1)RCR (Civil) 440.
The Code of Civil Procedure, 1908
Manjunath Anandappa Urf. Shivappa ... vs Tammanasa & Ors on 13 March, 2003
In support of this contention, that relief of specific performance
is discretionary relief, learned senior counsel appearing on behalf of the
appellant placed reliance on the judgment of Hon'ble Supreme Court in the
case of Manjunath Anandappa Urf. Shivappa Hanasi Vs. Tammanasa
& Ors., 2003 (2) RCR (Civil) 713, wherein Hon'ble Supreme Court, was
pleased to lay down, that in the absence any materiel on record to show that
the vendee had ever asked the vendor to execute the sale deed, no
RSA No.1634 of 1990 14
discretionary relief of specific performance could be granted.
The Specific Relief Act, 1963
Thota Rambabu @ Ramu vs Cherukuri Venkateswara Rao @ Pedababu ... on 10 June, 2005
In support of this contention learned senior counsel placed
RSA No.1634 of 1990 16
reliance on the judgment of Hon'ble Andhra Pradesh High court in the case
of Thota Rambabu @ Ramu Vs. Cherukuri Venkateswara Rao @
Pedababu and Ors. 2005 (4) RCR (Civil) 700.