Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - It is not always obligatory for vendee/plaintiff to seek cancellation of sale deed executed in favour of subsequent buyer - However, plaintiff can join such buyer as co-defendant with original vendor provided that..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside - Executing Court directed to consider the objections of JD to draft sale deed - In case sale deed which has been executed on the strength..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
Agreement to sell -- Specific performance - Defendant admitted execution of sale agreement in his written statement but contended that same was executed only as a security - Since execution of agreement is admitted, entire burden is upon defendant to establish that sale agreement was executed only for security purposes - However, defendant failed to produce any document..........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Specific Relief Act, 1963, Section 16, 19, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendant was allotted and put in possession of suit land by BDA - Defendant entered into agreement with the plaintiff promising to execute a sale deed in his favour within three months of getting the sale deed from the BDA - Non-execution of agreement..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Agreement to sell -- Specific performance - Bona fide purchaser - Execution of GPA by defendant no.1 in favour of defendant no.2 is not denied by defendant no.1 - Defendant no.2 executed sale deed in favour of defendant no.3 on basis of said GPA - Defendant no.1 categorically stated in his written statement that agreement in favour of plaintiff is forged and fabricated -..........
