Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Computation of period for deposit of sale consideration - First appellate Court decreed the suit against which second appeal was filed which was dismissed - Original decree passed by first appellate Court merged with decree passed by Second appeal and it further got merged with decree of Supreme..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Non-deposit of balance sale consideration - DH has not shown any readiness to deposit balance sale consideration with trial Court even within extended time of 2 months - He never moved any application for extension of time - Executing Court wrongly assumed that time stands extended once..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution of decree for getting possession of property in a decree for specific performance - Limitation starts to run from the date of execution of sale deed and not from the date of decree...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - Provision of S.22(2) of the Act is discretionary - In a decree for specific performance one need not specifically claim possession which is mere ancillary - Expression `at any stage of proceedings' is wide enough to allow the plaintiff to seek relief of possession even at the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
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..........
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..........
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..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - DH directed to pay balance sale consideration to JD within a period of 2 months - However, it is not envisaged that on failure to deposit balance sale consideration within 2 months, decree in favour of plaintiff would stand frustrated or suit would be deemed to be dismissed..........
