Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - Expression `at any stage of proceeding' includes the stage of execution of decree by executing Court...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession is inherent in the relief of specific performance of contract for sale - Therefore, in execution of a decree for specific performance, DH is entitled to possession over property even if no such relief was specifically claimed in the suit or granted under the decree...........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - When title and possession have already been decided, claim of petitioners is thus, without any substantive basis - Merely because their second appeal is pending, same cannot be a ground to obstruct the execution of decree of plaintiff...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by pendente lite transferee - Pendente lite transferee who is purported to be a stranger to decree has every right to defend his right, title, interest and possession in decretal property as per O.21.R.99 CPC...........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - In the execution of a decree for injunction, even restoration of possession can be ordered by Executing Court...........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
