Specific Relief Act, 1963, Section 20 -- Decree for specific performance - Leave to appeal filed by subsequent purchaser - Maintainability - Subsequent purchase sold suit property to third party during pendency of proceedings - He is no more owner of suit property and neither in possession of the same - Contention of subsequent purchaser that since no stay order passed by..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution of decree - Suit for possession - Resistance by stranger - Mere possession of property subject matter of decree under execution is not by itself sufficient for resisting execution of said decree by stranger - Requirement of law is to establish independent legal right to possess said property by such person..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Father of plaintiffs was in possession of suit property as no, occupancy tenant on payment of rent and by virtue of provisions of H.P. Tenancy and Land Reforms Act, they shall deemed to become owners of suit land automatically - Change in revenue entries immediately after coming in operation of..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Suit for declaration of right, title, interest, confirmation of possession - Suit property leased out to DHrs by State Housing Board - State Housing Board not filed any application challenging executability of decree - JDs not taken any steps to prove that suit property is a joint family property as..........
Joint family property -- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was obtained by fraud - Except ipse dixit statement of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment sought on the basis of semblance of title, as applicants claiming themselves to be co-owners of suit property - However, defendant in agreement to sell stated that she is the sole and absolute owner/occupier in possession of suit land - No documents of title..........
Civil Procedure Code, 1908, Section 2(12), 151 -- Mesne profit - Claim by co-sharer from other co-sharer - Partition suit - Mesne profit can be claimed from a person who is in wrongful possession - Admittedly, parties are co-sharer and defendants are not getting any financial benefit out of suit property - Co-sharer has right over every inch of undivided property until it..........
Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 12 -- Mesne profits - Suit for mesne profits can be filed only for past period and not for future with an exception that suit for future mesne profits can be filed when accompanied with relief of recovery of possession of immovable property...........
Civil Procedure Code, 1908, Section 47 -- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s 47 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Suit for specific performance of contract - A person suing for specific performance of contract can ask for partition and separate possession of property - But, it would not enable a third party who is also..........
