Suit for Specific Performance: विक्रेता परेशानी से कैसे बचें? (Jan, 2023) скачать в хорошем качестве

Suit for Specific Performance: विक्रेता परेशानी से कैसे बचें? (Jan, 2023)

#supremecourtofindia #suit_for_specific_ performance #propertyforsale Free Legal advice to solve your day to day legal problem. Better legal information to enrich your legal outlook. Legal discussion to improve your legal understanding. An informed discussion on recent and important judgment of Supreme Court & High Courts for lawyers and laymen. The following directions issued in K.S. Vidyanadam vs. Vairavan (1997) 3 SCC 1: (i)  The courts, while exercising discretion in suits for specific performance, should bear in mind that: The stipulated time must have some significance and therefore time/period prescribed cannot be ignored. (ii)  The courts will apply greater scrutiny and strictness when considering whether the purchaser was "ready and willing" to perform his part of the contract. (iii)  Every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring the time-limits stipulated in the agreement. (IV) The courts will not be lenient when the suit is not filed immediately after the breach/refusal. (V) The fact that limitation is three years does not mean that a purchaser can wait for 1 or 2 years to file a suit and obtain specific performance. The three-year period is intended to assist the purchasers in special cases, as for example, where the major part of the consideration has been paid to the vendor and possession has been delivered in part- performance, where equity shifts in favour of the purchaser. On 13th January, 2023, a very interesting judgment was passed by a Two judges bench in Supreme Court.