Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 19 -- Written statement - Amendment - Sought due to impleadment of party being necessary party - He does not set up title adverse to first appellant or not claiming independent title - Amendment sought not going to change character of suit for specific performance - Amendment allowed...........
Registration Act, 1908, Section 17, 49 - - Agreement to sell - Suit for specific performance - Registration of agreement when there is stipulation as to transfer of possession - Amendment requiring registration of such an agreement inserted after execution of agreement - Held, clause inserted vide notification after execution of agreement cannot be retrospectively applied..........
Agreement to sell -- Specific performance - Suit property whether ancestral property or not - Inspite of statement by defendant additional issue to this effect not framed - Said issue is wholly relevant and significant for the effective disposal of suit - Matter remanded to trial Court for framing additional issue and to decide the status of property after affording..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - It is always proper to implead transferee pendente lite on an application of the plaintiff who is dominus litis...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value who has paid money in good..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit for specific performance - Defendant filed suit for declaration alleging agreement to sell as illegal, without consideration, result of fraud and mis-representation - Both the suits consolidated - Suit of plaintiff decreed and that of defendant dismissed - Appeal filed by defendant against decree..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - An application U.O.12.R.6 CPC is maintainable in a suit for specific performance...........
Agreement to sell -- Specific performance - Execution of sale deed at the market price prevailing on the date of judgment - Modification of direction - As far as alleged transfer of rights in the suit property to third party at the time of passing of order in appeal is concerned the same cannot be a legitimate basis of any modification of judgment when at the time of..........
Agreement to sell -- Suit for specific performance - Relief of specific performance declined and alternative relief of refund of earnest money granted - Interest - Granted at the rate of 9% from the date of receipt of earnest money till payment...........
Agreement to sell -- Suit for specific performance - Grant of alternative relief of earnest money - Interest - Plea that offer was made to return earnest money but the same was not accepted and therefore appellant cannot claim interest - Held, unless the amount was deposited in Court, interest on earnest money is payable...........
