contract – In the agreement itself that the vendor has assured that the property is free from all encumbrances – Once that is the position, it is apparent that the vendor has misrepresented the vendee – Thereafter, the vendor cannot be permitted to turn around and claim that since the plot in question is encumbered, therefore, the vendee should be denied the right to specifically enforce the contract.
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- S
- Sale of Goods Act
- Sarfaesi
- Securities and Exchange Board of India Act, 1992
- Service Matters
- Service of orders on a government servant
- Sexual Offence
- Special Marriage Act, 1954
- Specific Performance
- Specific Relief Act, 1963
- Stamp Act, 1899
- Stamp duty
- Stay
- Suit for declaration / possession
- Succession Act
- Suit for recovery of Money
- T
- V
- W
Contract Act S. 5 - If the agreement become impossible, only then it will become void - No doubt, the plot in question at one stage was under attachment and charge, however, that itself does not result in frustration of the contract
Contract - Court is expected to gather the intent of the parties which they had while entering into the contract from the reading of the complete contract.
Contract – Encumberance – Vendor has assured that the property is free from all encumbrances – Vendor can not take benefit of the same.
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