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1 - 10 of 17 (0.26 seconds)The Urban Land (Ceiling And Regulation) Act, 1976
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Gunwantbhai Mulchand Shah & Ors vs Anton Elis Farel & Ors on 6 March, 2006
7.In Gunwantbhai Mulchand Shah & others vs. Anton Elis Farel and others reported in (2006) 3 SCC 634
K.S. Vidyanadam And Ors vs Vairavan on 6 February, 1997
20. It is well settled that pleading and proof of readiness and willingness is a mandatory requirement to obtain decree for specific performance. The words readiness and willingness to perform the part of the contract has to be determined from the conduct of the parties. The acts of performance of which or the readiness to perform must be shown by the plaintiff.
would run counter to the claim of the plaintiff in the present suit. The Hon'ble Court Supreme Court in K.S.Vidyanandam vs. Vairavan reported reported in (1997) 3 SCC 1 held as follows:
Saradamani Kandappan vs S. Rajalakshmi & Ors on 4 July, 2011
30. This judgment of the Hon'ble Supreme Court was subsequently followed by a two judge bench of the Hon'ble Supreme Court in Saradamani Kandappan vs. S.Rajalakshmi and others reported in (2011) 2 SCC 18. Thus I see a march of law relating to grant of decrees for specific performance in case of urban properties. Therefore, I am unable to countenance the contention of the learned Senior Counsel appearing for the appellant based on the earlier decision of this Court and also the decision of the Hon'ble Supreme Court.
Narinderjit Singh vs North Star Estate Promoters Ltd on 8 May, 2012
31. The learned counsel appearing for the respondents would invite my attention to various decisions of this Court as well as the Hon'ble Supreme Court. The Hon'ble Supreme Court in a recent decision in Panchabiyan vs. Ramasami and others reported in 2015 2 CTC page 178 had held that hardship that would be caused to the defendant by granting decree for specific performance should also be considered, while deciding on the issue in a decree for specific performance referring to the judgment in Nareindeerjid Singh vs. North Star Estate Promoters Limited, this Hon'ble Court held it would not be equitable to grant decree for specific performance after a lapse of several years.