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    <title>2011 (6) TMI 1037 - MADRAS HIGH COURT</title>
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    <description>An alleged assignee can enforce a sale agreement only if the assignment is legally effective and the vendor has knowledge of or consented to the transfer; here, the assignment was not proved and could not bind the vendor. The purchaser had already defaulted on staged payment obligations and the vendor had terminated the contract, so no subsisting contractual right remained capable of assignment. The suit for specific performance was also filed after the limitation period, as the contract had been terminated in 1997 and the action was brought in 2000. The plaintiff was therefore not entitled to specific performance or the alternative relief claimed.</description>
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    <pubDate>Tue, 28 Jun 2011 00:00:00 +0530</pubDate>
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      <title>2011 (6) TMI 1037 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=311757</link>
      <description>An alleged assignee can enforce a sale agreement only if the assignment is legally effective and the vendor has knowledge of or consented to the transfer; here, the assignment was not proved and could not bind the vendor. The purchaser had already defaulted on staged payment obligations and the vendor had terminated the contract, so no subsisting contractual right remained capable of assignment. The suit for specific performance was also filed after the limitation period, as the contract had been terminated in 1997 and the action was brought in 2000. The plaintiff was therefore not entitled to specific performance or the alternative relief claimed.</description>
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      <pubDate>Tue, 28 Jun 2011 00:00:00 +0530</pubDate>
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