Agreement to sell -- Specific performance - Subsequent purchasers - Plea of bona fide purchaser - Where all the parties are residents or have shops in same vicinity in a small locality, it is not probable that transferee could not have come to know of execution of original agreement of sale of property - Moreover subsequent purchasers did not enter into witness box and..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiffs did not take any step during life time of vendor to get the sale deed executed and registered in their favour in pursuance of agreement to sell - There is nothing in pleadings of plaintiffs that they approached the office of Sub Registrar on last date of execution and registration of sale deed -..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14, Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101 -- Eviction - Execution proceedings - Frivolous objections - Landlord sought eviction on grounds of no, payment of rent and subletting - Petitioner was inducted as sub-tenant by respondent Nos.2 and 3 - Neither any detail inquiry was required to be held nor..........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary of one of judgment debtors - Decree holder can proceed against any one of judgment debtors and he is not required to proceed against principal borrower at the first instance...........
Agreement to sell -- Specific performance - Embargo on sale of property without prior sanction of authority - Vendor can sell property and execute sale deed despite embargo because sanction can be obtained subsequent to execution of sale deed...........
Agreement to sell -- Specific performance - Once due execution of agreement and receipt is proved plaintiff cannot be no, suited on ground that actual possession was not delivered but was mentioned in agreement - Agreement cannot be vitiated on this ground alone - Moreover, plaintiff has proved his readiness and willing to perform his part of agreement - Court rightly..........
Evidence Act, 1872, Section 90 -- 30 years old document - Presumption - When document, in its entirety is disputed, at least the fact that it came into existence, in contrast to execution, more than 30 years ago must be proved to the satisfaction of the Court - It is only thereafter, that the presumption provided for as to execution, attestation, or other aspects can be..........
Registration Act, 1908, Section 17, 47 -- Registration - Relates back to date of execution of document - Even if registration is done subsequent to filing of suit, it relates back to date of execution of deed which requires registration...........
Criminal Procedure Code, 1973, Section 389(3), Indian Penal Code, 1860, Section 201 -- Execution of sentence - Suspension pending appeal - Accused all along was on bail during trial stage - No attempts made on part of prosecution to get bail of accused cancelled on any ground during trial stage - Order granting bail to accused during trial also not challenged - No special..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction sale - Sale of property attached in execution proceedings must be only to the extent which is needed to liquidate the obligation under the decree - This, in fact is the mandate of O.21.R.64 CPC...........
