Specific Relief Act, 1963, Section 28 -- Rescission of agreement of sale - No case pleaded that purchaser/decree holder did not pay balance sale consideration within time stipulated - Rather plea taken was that there was an out of court settlement whereby parties have agreed to cancel the sale agreement - Held, these two grounds are not contemplated u/s 28 of the Act -..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer whether for valuable consideration and without notice of the original contract - Even before institution of suit for specific performance a public notice was published in a newspaper informing the public about the agreement with the plaintiffs - After..........
Civil Procedure Code, 1908, Section 144, 151, 47 -- Restitution of possession - Application filed by judgment debtor for restitution of possession is an application for extension of decree - Held, thus, objection filed by subsequent purchaser u/s.47 in relation to same decree is maintainable...........
Land Acquisition Act, 1894, Section 4 -- Land acquisition - Subsequent purchaser to the issuance of S.4 notification in respect of the land, cannot challenge the acquisition proceedings and can only claim compensation as the sale transaction in such a situation is void qua the Government...........
Agreement to sell -- Suit for specific performance - Ready and willing - Entire consideration paid - Still the plaintiff being the proposed purchaser is bound to purchase stamp papers and prepare necessary preliminaries for the purpose of getting the sale deed executed and registered - To that effect there should be averments in the plaint - No semblance of averments to..........
Indian Penal Code, 1860, Section 424 -- Hire purchase agreement - Seizure of vehicle by financier - No offence made out as financier is repossessing goods owned by him and hire purchaser merely remains a trustee/bailee...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Transfer of Property Act, 1882, Section 53A -- Rejection of plaint - Suit for permanent injunction restraining vendor from dispossessing purchaser from suit property - Agreement of sale entered into and earnest money paid by purchaser - No claim of relief of specific performance of contract - No averment regarding..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining subsequent purchaser from changing the nature of land - Agreement to sell - Plaintiff after execution of agreement did not take any steps on its part as agreed by it for getting the land released from acquisition - There are no pleadings that plaintiff took any steps to get the land..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Deposit made U.O.21.R.89 CPC should be unconditional and unqualified and the decree holder or the auction purchaser should be able to get the amount at once...........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Auction sale - Deposit in Court - Deposit of 25% of amount by way of demand draft - Auction purchaser is not expected to deposit the amount in cash when it is running into crores of rupees - Deposit of 25% amount of Rs.2.40 crores by way of demand draft is sufficient compliance of the provisions of O.21.Rr.84 & 85 CPC...........
