Agreement to sell -- Specific performance - Relief of - Execution of agreement proved - However, it is no where pleaded or proved by plaintiff that he got redeemed the mortgaged land in favour of defendant No.2 in terms of agreement nor it is specifically pleaded that he was ready and willing to get the property redeemed from the mortgage - Refund of earnest money ordered..........
Civil Procedure Code, 1908, Section 60(1)(ccc)(As -- Execution - Exemption from attachment one residential house - Legal heirs of J.D. cannot seek release of their sole residential house from attachment by seeking protection u/s 60(1)(ccc) CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in accordance with law...........
Agreement to sell -- Specific performance - Refund of earnest money with interest @ 18% p.a. allowed for the reasons : (i) Possession not given to plaintiff at the time of execution of agreement; (ii) Area of land agreed to be sold not clear as such it cannot be said that plaintiff has done substantial acts or suffered losses due to expenditure in constructions etc. in..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, joint possession and permanent injunction - Maintainability - Defendants acquiring estate of deceased on basis of Will executed by him - Although execution of Will has been proved by defendants no.1, but deceased could not bequeath more than 1/3rd of his share without consent of plaintiff and defendant no.4..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Taking forcible possession by J.D. after passing of decree - Executing Court can execute decree by issuing warrant of possession - Held, none can be permitted to take forceful possession by violating prohibitory injunction decree - If J.D. enters into possession of property by violating..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Executing Court may execute the decree for prohibitory injunction by delivery of any property specifically decreed or; by attachment and sale or sale without attachment of the property of the judgment-debtor or; by arrest and detention of judgment-debtor in civil prison or; by appointing..........
Civil Procedure Code, 1908, Section 47 -- Execution - Tenancy of defendant lawfully terminated - Defendant having failed to vacate within statutory period, is liable to be evicted - Rent Act not applicable as 10 years have not passed since the date of its construction - Plaintiff, held, entitled to decree of possession...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions arising between the parties to the suit settled upto the highest Court - J.D. bent upon coercing D.H. for not obeying the order of Court - J.D. portrays that he intends to obey the decree of Court, but, in fact, is obeying the decree by defiance and wants to show himself as innocent saying..........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Execution - Preliminary decree passed in a suit for mortgage cannot be executed without obtaining final decree...........
