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Showing posts with the label Sale of Immovable Property

How to Exercise the Discretion to Grant Specific Performance of a Contract for Sale of Immovable Property [JUDGMENT]

Specific Relief Act, 1963 - S.20 - Discretion as to decreeing specific performance - When a Court considers a suit for specific performance of a contract for sale of immovable property, once it is found that the agreement is genuine and the plaintiff had pleaded and proved his readiness and willingness to perform his part of the contract, it is upon the Court to further consider whether the discretion to grant specific performance has to be exercised in terms of S.20 of the Specific Relief Act.

Sale of Mortgaged Property without fixing Fair & Accurate Value is laible to be Set Aside [Case Law]

Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984 - Rules 8 (e) (iv) & 11 - Procedure in the sale of Mortgaged property / Gehan -  Sale of immovable property to be proportionate to arrears due -  Sale of the mortgaged property, without even fixing a fair and accurate value of that property - sale conducted in violation of the mandate.