Specific Relief Act, 1963, Section 28 -- Rescission of contract - Application u/s 28 of the Act - To be filed in suit and not on the Execution side of the Court...........
Agreement to sell -- Suit for specific performance - Admittedly, son of defendant was involved in a murder case - He was facing trial when alleged agreement to sell was executed - It is abnormal that even after paying 50% as earnest money out of total consideration, date for execution and registration of sale deed was fixed after a period of one year and 6 months - Still..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree whether discharged or satisfied - To be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it...........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Appointment of Chartered Accountant by High Court for the purpose of determining as to whether decretal debt is satisfied - Issue as to whether decree has been discharged or satisfied has to be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it..........
Rent and Eviction -- Where protection of Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties enter into compromise - Invalidity on that count can even be raised in execution...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Once the document is presented for registration, executing Court ought to allow the authority under Registration and Stamps Acts to discharge their duty and function...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Executing Court presents document for and on behalf of judgment debtor - Merely because the document is presented by Court, Sub-Registrar is not under obligation to mechanically accept such document for registration - Registering..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Joint property - Undivided share or right or interest of JD in joint property can be sold - But a specified portion of a property cannot be sold in execution sale describing it as share of JD...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Joint property - An undivided share of a co-owner of a property may be subject matter of sale - But a definite piece of joint property cannot be sold in execution sale describing it as share of JD - Purchaser cannot be put into possession of property unless property is partitioned by metes..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Suit for redemption of mortgage and recovery of possession - JD contended that compromise decree cannot be executed being unregistered and passed by Court lacking pecuniary jurisdiction - However, no such allegations are forthcoming nor discernible from the order -..........
