Agreement to sell -- Suit for specific performance - Relief of possession - Can be claimed at any stage of proceedings even if not claimed in plaint - Can even be claimed at the stage of execution by way of amendment of plaint - Separate suit for relief of possession is barred - In the instant case though relief for possession claimed but Court granted relief for execution..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Later suit for specific performance instituted during pendency of earlier suit for injunction - Agreement of sale provided that before execution of sale deed vendor would obtain Income-tax clearance certificate and get mutation sanctioned in his favour and send intimation to vendee well before date of execution - Vendor never..........
Transfer of Property Act, 1882, Section 105 -- `Lease' and `Licence' - Distinction - The ingredients which would help in clearly understanding the distinction, are intention of parties, attendant circumstances at the time of execution of such documents, nature of possession being exclusive or permissive and the relationship created from these documents - Lease is a..........
Contract Act, 1872, Section 62 -- Novation of contract - Where agreement of reconveyance preceded execution of sale deed, non-mention of agreement in sale deed would not amount to novation of contract in absence of fresh contract of sale...........
Transfer of Property Act, 1882, Section 105 -- Distinction between licence and lease - Ingredients : (i) intention of parties, (ii) attending circumstances at the time of execution of document, (iii) nature of possession being exclusive or permissive, and (iv) relationship created by document - Lease is a relationship of lessor and lessee arising out of agreement to pay..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay - Pendente lite purchaser - When a pendente lite purchaser challenges a decree which is binding on him, the Court has a duty to find out whether any case has been made out to stay the execution of the decree - Stay application cannot be rejected on the sole ground that he is a pendente lite purchaser...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Land of J.D. attached - Said land shown to have been transferred to minor son of judgment debtor under mutation entry without executing any conveyance - Application for raising attachment filed by minor son allowed by Court without there being any evidence of title of transferee son - Respondent had played fraud..........
Registration Act, 1908, Section 35, 73 -- `Denial of execution of document' - Failure of executant to appear either to admit or deny execution of document - Should be treated as denial of execution - Aggrieved party should be relegated to remedy under S.73 of making application for compulsory registration...........
Civil Procedure Code, 1908, Order 23, Rule 4, Civil Procedure Code, 1908, Order 21, Rule 95 -- Agreement between D.H. and J.D. - Executing Court is competent to enforce an agreement entered into between the decree-holder and the judgment debtor in the course of execution proceedings if the agreement is a lawful one, not extraneous to the decree but on the other hand..........
Limitation Act, 1963, Section 18, 19, Evidence Act, 1872, Section 67 -- Debt acknowledgment - Proof - Defendant denying execution - It is to be proved by the witness or by the person in whose presence the transaction did take place and who had seen the person signing the document or who had been well conversant and who had seen the executant signing the document - In the..........
