Agreement to sell -- Suit for specific performance - Money not offered at the time of execution of sale deed - Merely for this reason plaintiff cannot be held to be not ready and willing to perform his part of contract when there are necessary pleadings to this effect and there is nothing on record to doubt bonafide statement of plaintiff on oath that he is ready and..........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - Two properties of the non-applicant respondent put to auction and Rs.60,00,000/- realised - Execution in question could not be disposed of as a winding up petition under Company Act pending before the Company Judge in which interim order passed not to release/disburse any amount - Application by Income..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution subject to payment of Rs.15, 000/- per month in addition to the contractual rate of rent - Tenant as per Delhi Rent Control Act does not include a person against whom an order or decree for eviction is passed -..........
Civil Procedure Code, 1908, Order 21, Rule 2(2) -- Eviction decree - Execution - Fresh lease during pendency of execution outside Court - Fresh least amounts to adjustment or satisfaction of decree - Application for recording of compromise must be made within 30 days of execution of fresh lease - In absence of recording of compromise, landlord is entitled to have decree..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Sale deed - Execution by Court - Executing Court is competent to refer to pleadings, if circumstances warrant for understanding the decree - Suit decreed directing plaintiff to pay balance of consideration agreed after giving credit to amount paid as advance and the amounts due as on the date of filing of suit under two..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Sale deed - Execution by Court - Draft of sale deed furnished by D.H. in execution of decree - J.D. remained exparte - Draft sale deed therefore not served on J.D. - Sale deed executed and registered - Rule 34 requires the Court and not the D.H. to serve the draft sale deed on J.D. - Object of service is to enable J.D. to..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment of property before judgment sought - Furnishing particulars of property - Duty of - It is the decree - holder, who has to furnish all details including description of property to be attached in execution - Attachment of property at instance of judgment-debtor, that too, in a suit for recovery of money, is unknown..........
Civil Procedure Code, 1908, Section 47 -- Execution - Person claiming under the defendant or J.D. - Can challenge the decree or order by way of an appeal but cannot challenge the decree as being void or unenforceable in execution...........
Agreement to sell -- Vague - Date of execution of sale deed not mentioned in agreement - Held, Courts blow rightly declined to pass a decree of specific performance...........
Specific Relief Act, 1963, Section 28(1) -- Specific performance - Rescission of agreement - Execution of decree - Delay of nine years - Agreement dated 16.08.1980 to lease of Trust property - The suit for specific performance decreed on 28.07.1985 - Application moved by Trustees on 03.10.1994 u/S.28(1) inter alia alleging decree dated 28.07.1985 was collusive - Plea of..........
