https://www.taxtmi.com/caselaws?id=283413 Specific performance of an agreement to sell was supported where the agreement was proved, the plaintiff was found ready and willing to perform, and the challenge to validity failed on evidence. The cooperative society charge was treated as a conditional restriction rather than an absolute bar, since transfer could proceed after borrowings were cleared, and the resettlement framework allowed transfer with prior permission of the competent authority. The appellants produced no evidence of any subsisting legal impediment or of the extent of the charge, and increased market value did not make enforcement inequitable. The decree for specific performance was therefore maintained, subject to the modified consideration accepted by the respondent. en-us Thu, 08 Jul 2010 00:00:00 +0530 Sat, 21 Sep 2019 15:07:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283413 Specific performance of an agreement to sell was supported where the agreement was proved, the plaintiff was found ready and willing to perform, and the challenge to validity failed on evidence. The cooperative society charge was treated as a conditional restriction rather than an absolute bar, since transfer could proceed after borrowings were cleared, and the resettlement framework allowed transfer with prior permission of the competent authority. The appellants produced no evidence of any subsisting legal impediment or of the extent of the charge, and increased market value did not make enforcement inequitable. The decree for specific performance was therefore maintained, subject to the modified consideration accepted by the respondent. Case-Laws Indian Laws Thu, 08 Jul 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283413