Specific Relief Act, 1963, Section 37, 38 -- Injunction - When a person seeks bare injunction based on possession, he has to prima facie identify the property for which relief is claimed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to provide a clear and identifiable description of property, including boundaries, which renders suit unsustainable - Plaintiff ought to have taken steps such as seeking a commission, to identify disputed property - Failure by plaintiff to take appropriate steps to substantiate his claim, he..........
Agreement to sell -- An agreement to sell property and promise to transfer the property convey the same meaning and effect in law...........
Agreement to sell -- An agreement to sell is not the same as sale - Title to property agreed to be sold vests in the vendor in case of an agreement to sell but in case of sale, title of property vests with purchaser - Agreement for sale is a executory contract wherein a sale is a executed contract...........
Agreement to sell -- Agreement to sell does not create any interest in or charge upon such property which is subject matter of agreement to sell...........
Agreement to sell -- A contract for sale does not, by itself, create any interest in or charge on such property - Such contract is merely a document creating a right to obtain another document in the form of sale deed to be registered in accordance with law...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a person having agreement to sell in his favour - Proposed vendee does not get any right in law or even in equity with regard to property covered under the agreement and has only right to get another deed executed - Proposed vendee is neither necessary nor proper party to the suit - Order allowing impleadment..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Decree for possession - DHs are heirs of original plaintiff, their inter se rights regarding property are not to be considered and decided in execution petition - It is only decree for possession has to be executed whether at the behest of one of decree holder or by all decree holders,..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Period of limitation in usufructuary mortgage does not run from the date of creation of mortgage but from the date of payment of mortgage either out of usufructuary or partly out of usufructuary or partly on payment of deposit by mortgager -..........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Jurisdiction of Court - Where property is situated, execution proceedings will lie at that particular place anywhere in India...........
