Civil Procedure Code, 1908, Section 34 -- Suit for specific performance - Alternative relief of payment of earnest money granted - Interest payable at the rate of 12% from the date of execution of agreement till the date of passing of the decree - Future interest i.e. from date of passing of decree to date of realization will be 6% which will be payable on the principal..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Joint property - Partition of property - A tenant cannot be evicted/dispossessed in execution of a partition decree passed between the joint owners - Tenant can be evicted only in accordance with the provisions of Rent Act...........
Civil Procedure Code, 1908, Order 12, Rule 1, Evidence Act, 1872, Section 17 -- Admission - Decree on the basis of admission can only be passed if it is clear and categorical admission...........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Discretionary power - Exercise of - Held, S.20 of the Act preserves judicial discretion to courts as to grant decree of specific performance - Courts should take care to see that it is not used as an instrument of oppression to have an unfair advantage to plaintiff - In present case,..........
Partition -- Partial partition - Suit for partition of ancestral property between siblings - Property inherited after death of father dying intestate - No proper weightage to the fact that apart from the suit property, there were other properties also to be claimed for - Partial partition not allowed - Impugned judgment and decree set aside - Appeal allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non appearance despite receipt of notice for the reason that it was in Hindi which language they do not know - Summons however was issued both in Hindi as well as in English - Exparte decree can be set aside only on being satisfied that summons were not duly served or the person was prevented..........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree for permanent injunction can be executed against L.R's of J.D. - However, legal representatives are liable only to the extent of the property of deceased which has come to their hands by way of inheritance...........
Registration Act, 1908, Section 32 -- Persons eligible to present documents for registration - A document can be presented for registration by (i) by the person executing the document (ii) any person claiming under the document presented for registration and (iii) in the case the said document is a copy of a decree or order, any person claiming under the decree or order...........
Civil Procedure Code, 1908, Order 22, Rule 2-B, Civil Procedure Code, 1908, Order 22, Rule 4(3) -- (As in P&H) - Death of defendant who was served and defending the suit - In case of his death, it is duty of his legal representatives to come on record themselves and in the absence of the same, the suit does not abate and decree passed is a valid decree...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7 -- Ejectment of unauthorized occupants - Recovery of damages - Rights of decree holder - Held, mere payment of damages by unauthorized occupants will not extinguish the rights of decree holder (owner) to recovery possession of property - Status of an unauthorized occupant is not automatically..........
