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..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Where suit is instituted for cancellation of an agreement to sell and forfeiture of earnest money and where possession has not been delivered, ad valorem Court fee is required to be computed on the amount of earnest money alone and not on entire sale consideration...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration of ownership and possession - Suit though has been drafted as one seeking declaration of ownership and possession, real object of proceedings is to negate and avoid agreement to sell on the premise that same stands terminated and earnest money forfeited - In such circumstances, petitioner being..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit property was subjected to auction in execution of a money decree and said sale was confirmed in favour of predecessor-in-interest of appellant - Title in immovable property vests in auction purchaser on confirmation of sale - If auction purchaser gets possession and is in possession on date of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint seeking relief regarding refund of earnest money or deposit made has to be allowed at any stage of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund of earnest money - Plaintiff has specifically sought decree for recovery of Rs.20 lakh double the amount of earnest money in the alternative though inadvertently same could not be sought in prayer clause -..........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Execution of agreement to sell, payment of earnest money and fixing of date of execution of sale deed admitted - It was the positive case of plaintiffs that they had remained present in the office of Sub-Registrar for execution of sale deed but defendant did not turn up..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Money decree - Claim petitioner sought to resist execution relying on an unregistered non-possessory agreement executed subsequent to attachment, would not confer any right, title or interest to claim petitioner in suit property to resist execution - Claim petition rightly rejected...........
