Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration and specific performance - Once it appears from material on record that lease agreement between parties is determinable in its nature, in the face of provisions contained in S.14(d) of Specific Relief Act no specific performance of contract of lease agreement can be granted by..........
Contract -- A party to a contract cannot be permitted to have recourse to two different modes, especially after having accepted the contract without any demur or protest - It is not open to either of parties to resile from terms of agreement arrived at...........
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...........
Agreement to sell -- Dismissal of suit for specific performance - Appeal - In a suit for specific performance concerning an immovable property, if relief sought is not granted and aggrieved party appeals, then an application seeking to maintain status quo filed before appellate Court cannot be dismissed solely because suit for specific performance stood dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
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 property and promise to transfer the property convey the same meaning and effect in law...........
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 -- Agreement to sell does not create any interest in or charge upon such property which is subject matter of agreement to sell...........
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...........
