Civil Procedure Code, 1908, Section 96 -- First Appeal - Decree for specific performance - Decree put into execution - Entire proceedings of trial including examination of two witnesses and final arguments completed within a period of 31 days from date civil Court recorded that defendant/appellant did not have written statement to file - Defendant is categorical in his..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........
Civil Procedure Code, 1908, Order 21, Rule 32, Specific Relief Act, 1963, Section 28(3) -- Execution - Decree of specific performance - Executing Court can order delivery of possession on execution of sale deed even when there is no mention in the decree as to delivery of possession after execution of sale deed...........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97,98,99,100,101,102 -- Execution - Decree of specific performance - Objector claiming to be in possession of property in dispute in his independent right and that he is wrongly dispossessed in execution of decree - Objector has absolutely no independent concern with property in dispute and he was objecting only on..........
Civil Procedure Code, 1908, Order 21, Rule 3 -- Execution - Decree of specific performance - Possession of house - Owner sold house to tenant - Original tenant, thereafter, executed agreement to sell in favour of original owner - Under the said agreement itself it was stipulated that after execution of sale deed, he would again become tenant or his tenancy would be revived..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Plaintiff are owners in possession of suit property to extend of half share - Plaintiffs are only heirs after the death of deceased and said fact not denied by defendants - Moreover, as per defendants deceased predecessor-in-interest of plaintiff executed an agreement to..........
Civil Procedure Code, 1908, Section 151 -- Possession delivered in pursuance of a decree for specific performance and execution of sale deed - J.D. filed injunction suit and obtained interim order to maintain status quo in respect of suit property - Stay order granted and extended from time to time - However, order of status quo was not in existence on the date of issue of..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Dwelling house - Exemption from attachment - Decree of specific performance - Sale deed executed on intervention of Court - Execution for possession - Exemption from attachment of dwelling house is not available when decree is executed for delivery of property decreed...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Decree of specific performance - Objections - Objector claiming possession on land on basis of sale deed - His right, title or interest is to be decided by trial Court and application U.O.21.R.99 could not be dismissed as not maintainable - Sale deed when claimed to be prior in point of time with stipulation that..........
