Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where there is a decree for specific performance, extension of time for payment does not amount to modification of decree - Court does not lose jurisdiction after granting a decree for specific performance nor does it become functus officio...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where decree for specific performance was passed in favour of plaintiff wherein only two months time was granted to deposit balance sale consideration, Court below while dismissing application for extension of time to deposit sale..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff already paid Rs.3,10,000 out of total sale consideration of Rs.3,90,000 at the time of execution of agreement to sell - On the targeted date plaintiff proved his presence before office of Sub Registrar - Suit filed within 8 days of second default committed by defendant - Plaintiff thus, was ready..........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Hindu Succession Act, 1956, Section 22 -- Right of pre-emption - Agricultural property - Provision of S.22 of the Act is applicable even to agricultural holdings and co-owners, who has jointly inherited property in question from their common predecessor is entitled to pre-empt sale...........
Hindu Succession Act, 1956, Section 22 -- Right of pre-emption - Sale deed in favour of respondent No.9 was executed during pendency of petition filed by petitioner so, same is hit by principles of lis pendens and would be subject to litigation between petitioner and appellants - Property was inherited by appellants from a common ancestor along with petitioner - Petitioner..........
Suit for possession -- Self acquired property of mother-in-law - Right of daughter-in-law - Plaintiff/mother-in-law is absolute owner of suit property which was purchased by her vide Sale Deed - Suit property is self acquired property of plaintiff - Defendant/daughter-in-law not denied that house in dispute is in the name of plaintiff - However, she submitted that said..........
