Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution Court dismissed execution application by observing that decree was conditional, amount was to be paid within one month but no amount was deposited even though application was submitted, therefore decree cannot be executed - High Court affirmed the view of execution..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance of sale of immovable property inherently contemplates completion of transaction which includes execution and registration of sale deed and putting purchaser in possession unless contract or decree indicates otherwise...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Possession is a natural and consequential relief flowing from a decree for specific performance - Executing Court can grant such ancillary reliefs to make decree effective...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Decree attained finality and sale deed of subject land already executed in favour of DH - Once title has been conveyed denial of possession would render decree itself ineffective and frustrate the very purpose of granting specific performance...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Plea of joint and un-partitioned land - Transferee of a co-sharer's interest is entitled to joint possession and other rights available to transferor - Executing Court by directing delivery of possession, cannot be said to have granted exclusive possession of a demarcated..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Decree for specific performance - Delivery of possession - Plea regarding mortgage - Rights of mortgagee if any remain protected in accordance with law and such plea cannot be used by JD to resist delivery of possession to DH - Moreover, no objection relating to pendency of a revenue suit, interim injunction..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Issuance of possession warrant - Relief of possession is in built in decree for specific performance of contract - Executing Court has not travelled beyond decree by issuing possession warrant...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Decree passed in a suit for specific performance does not give any right or title to the decree holder - In case of agreement of sale and a decree passed in a suit for specific performance, right and title passes only on execution of sale deed...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
