Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the plaintiff was entitled to rescind the sale transaction and obtain cancellation of the sale deed and recovery of possession under the Specific Relief Act.
Analysis: The right to seek cancellation and possession was examined in the background of the plaintiff's own conduct in relation to the income-tax clearance certificate, the alleged understanding between the parties' representative and the defendants, and the delay in moving the court. The plaintiff was found to have contributed to the breakdown in completion of registration, to have withheld material information, and to have acted inconsistently with a prompt rescission. The alleged agreement postponing payment was treated as binding on the plaintiff, and the long delay in filing the suit further showed laches. In equity, a party seeking cancellation and possession must establish a clear entitlement and must approach the court with clean hands.
Conclusion: The plaintiff was not entitled to equitable relief under the Specific Relief Act, and the claim for cancellation of the instrument and recovery of possession failed.
Ratio Decidendi: A party seeking cancellation of an instrument and possession in equity can be denied relief where its own conduct, including delay, suppression, and acceptance of a binding interim arrangement, disentitles it to equitable assistance.