Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Extension of time - Suit for specific performance - Failure to deposit decretal amount within stipulated time - There is no condition attached with decree that in case amount is not deposited within stipulated time, decree passed would become inoperative and suit shall be deemed to be..........
Agreement to sell -- Specific performance - Decree passed in the year 1984 - Purchaser directed to pay the land value to the vendors as per the circle rate - In case plaintiff fails to pay within three months the vendors shall deposit in Court within two months thereafter the amount calculated as per the circle rate by way of compensation to be paid to the purchaser and..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Decree for specific performance - Failure to deposit balance consideration and additional compensation in compliance of decree - Extension of time sought after 3-1/2 years with vague and bald averments - Not allowed - Rescission of contract by Executing Court, upheld...........
Agreement to sell -- Decree of specific performance passed - Delay of nine year in deposit of balance sale consideration - Remaining sale consideration should have been deposited immediately after decree of specific performance was passed - Decree holder directed to deposit balance sale consideration with 18% interest from the date of passing of the decree to the date of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Specific performance - No time limit fixed in the decree to deposit the balance sale consideration - Held, decree holder is free to deposit it anytime before the execution of the sale deed pursuant to the decree...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Direction to execute sale deed within 45 days - It be understood that plaintiff shall also deposit balance sale consideration within said time...........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Decree for specific performance - Deposit of balance sale consideration - Application has to be filed in the Court which passed the decree and not in the Court executing the decree even if it happens to be the Court which passed the decree...........
Specific Relief Act, 1963, Section 22, 28 -- Decree of specific performance - Extension of time for deposit - Time for deposit granted by appellate Court - It is not necessary that person concerned should approach appellate Court for extension of time - It can be granted by trial Court as same does not become functus officio when decree is confirmed by appellate Court...........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Suit for specific performance - Default in making payment of balance consideration - Consequences of - Held, once it is held that direction to make payment of balance consideration within stipulated period is incidental in nature and the fact that O.20.R.12-A of CPC nowhere provides the consequences of dismissal of suit for..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Balance sale consideration - Extension of time - Power of Court - Held, power to extend time for payment of balance sale consideration is vested in Court u/s 28 of the Act - Language of S.148 of the Code would reveal that it enables Court to enlarge period prescribed or allowed by the Code..........
