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, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Once decree issued in favour of DH is one for specific performance of an agreement in which specific property is subject matter of sale/purchase between parties, a charge would stand created upon such property by itself -..........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Executing Court presents document for and on behalf of judgment debtor - Merely because the document is presented by Court, Sub-Registrar is not under obligation to mechanically accept such document for registration - Registering..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101 -- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed - Executing..........
Civil Procedure Code, 1908, Section 148 -- Extension of time for depositing consideration money - Execution of decree - Suit for specific performance - In absence of any explanation, decree-holder cannot at his own will can seek execution of decree on depositing balance amount...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case, as transfer in favour of petitioners..........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of specific performance - Plaintiff directed to pay balance sale consideration, stamp duty and penalty within two months - Quantum of stamp duty not adjudicated and penalty not determined resulting in failure of decree holder to pay the same - Decree holder already paid sale consideration to vendor - Order..........
Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........
