Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - If the owner of a tenanted property enters into an agreement for sale of such property without physical possession, in a suit for specific performance by the purchaser, the tenant would not be a necessary party - But if the suit for specific performance is filed with an additional prayer for..........
Agreement to sell -- Suit for specific performance - Proof - Agreement stated to have been executed by father of defendant in 1971 after receiving entire sale consideration - Plaintiff inducted into possession of property in 1957 by father of defendant out of love and affection - Defendant admitted possession of plaintiff - Plaintiff got constructed the house by getting..........
Specific Relief Act, 1963, Section 16, 20, Contract Act, 1872, Section 55 -- Suit for specific performance of sale agreement allegedly executed by defendant - Plaintiff failed to comply with the time fixed in the agreement for the purchase of property - When suit filed, plaintiff had no ready money even to pay court fee which was paid after one year - Plaintiff had no..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 10 -- Execution of decree - Arrest and attachment before judgment - Agreement of sale executed prior to order of attachment before judgment - Decree for specific performance in favour of appellant passed in year 2006 - This Court cannot go into validity of proceedings of decree of..........
Civil Procedure Code, 1908, Section 151 -- Possession delivered in pursuance of a decree for specific performance and execution of sale deed - J.D. filed injunction suit and obtained interim order to maintain status quo in respect of suit property - Stay order granted and extended from time to time - However, order of status quo was not in existence on the date of issue of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for specific performance - Two suits by two different persons qua same property and against same defendant - Plaintiff seeking his impleadment as a party in the second suit - Application dismissed - Held, proposed party must show some semblance of right and interest in the subject matter or a..........
Agreement to sell -- Suit for specific performance - Relief of specific performance - Held, grant of decree of specific performance after almost 29 years not justified - Moreover third party interest was created over the property in dispute...........
Agreement to sell -- Specific performance - Death of both parties during pendency of suit - Part of property under mortgage - Mortgage amount exceeding balance sale price - In case of performance successors of defendant will suffer hardship whereas no hardship will be suffered by successors of plaintiff in case of non performance - Decree of specific performance modified -..........
Specific Relief Act, 1963, Section 22 -- Decree for specific performance passed - Sale deed executed by process of Court - Court to ensure delivery of possession even if there was no such prayer as decree holder is entitled to be put in possession of the demised property...........
Stamp Act, 1899, Section 47A -- Stamp Duty - Assessment - Valuation of property is to be assessed at the time of presentation of instrument for registration and not on any other basis - However, there are exceptions to the general rule relating to assessment i.e. instrument presented for registration in pursuance to a decree for specific performance of an agreement to sell..........
