Specific Relief Act, 1963, Section 38 -- Permanent injunction - When main relief of cancellation of sale deed of disputed property is not granted to plaintiff, then even consequential relief of permanent injunction cannot be granted to him against true owner of disputed property, who has acquired its ownership on the basis of said sale deed...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Decree passed in a suit for specific performance does not give any right or title to the decree holder - In case of agreement of sale and a decree passed in a suit for specific performance, right and title passes only on execution of sale deed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
Auction sale -- Setting aside - Non-filing of application u/ss 37-A or 38 of Revenue Recovery Act - Auction sale took place on 29.07.2005 and confirmation of sale was made on 23.07.2008 - Appellant admittedly did not file any application before competent authority within 30 days limitation prescribed u/ss 37-A or 38 of Revenue Recovery Act - Therefore, bar of limitation..........
Auction sale -- Setting aside - Auction and its subsequent confirmation have not been shown to suffer from any material irregularity, mistake or fraud as contemplated u/s 38 of Revenue Recovery Act - Auction purchaser paid full purchase amount on the day of sale and sale was confirmed only after due procedure and in the absence of any valid challenge - Issuance of sale..........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property after attachment is void - Where there is a private transfer or delivery of property attached in pursuance of any agreement of sale which was entered into and registered before attachment, S.64(1) CPC would not be attracted, which makes private alienation of property after attachment to be void...........
Agreement to sell -- An agreement to sell is not the same as sale - Title to property agreed to be sold vests in the vendor in case of an agreement to sell but in case of sale, title of property vests with purchaser - Agreement for sale is a executory contract wherein a sale is a executed contract...........
Agreement to sell -- A contract for sale does not, by itself, create any interest in or charge on such property - Such contract is merely a document creating a right to obtain another document in the form of sale deed to be registered in accordance with law...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
