Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - Amount spent by J.D. on construction - In written statement J.D. has pleaded expenditure of 4.5 lakhs on construction - Operative part of judgment provides that cost of construction is payable and not current value of construction - Order assessing current cost of construction set aside - D.H...........
Agreement to sell -- Specific performance - Readiness and willingness - Suit filed within 2-1/2 months of the date of execution of sale deed - Plaintiff also issued notice to defendant before filing suit - It is defendant who transferred property to his children before target date - Relief of specific performance rightly granted - However, since balance amount of sale..........
Agreement to sell -- Specific performance - Execution of sale deed in favour of subsequent purchaser - Plaintiff is not required to seek cancellation or declaration of sale deed in favour of third party - If suit for specific performance is decreed then original vendor and third party purchaser/subsequent purchaser is required to join and execute sale deed in favour of..........
Agreement to sell -- Specific performance - Plea of bonafide purchaser - Registered sale deed executed in favour of subsequent purchaser - However, sale deed does not indicate date and manner in which sale consideration was paid - Said sale deed does not make any reference to any of two alleged un-registered agreement to sell executed between vendor and subsequent..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections not filed despite repeated adjournments - Executing Court is not expected to invite any party to file objections - It is duty of JD to file objections if any...........
Specific Relief Act, 1963, Section 28 -- Extension of time - Decree for specific performance - JD was directed to obtain Non-Agriculture permission from concerned authority within a period of 2 months and then execute sale deed of suit land in favour of DH - Said term indicates that DH was not directed to deposit amount of balance consideration within a time frame - It was..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Consent decree -- Fraud - When mortgage property was sold in Court auction in execution proceedings and sale was confirmed in favour of auction purchaser and sale certificate was issued and sale was confirmed after overruling objections raised by fraud and initially by consent decree was not challenged at all and even order overruling objections raised by JDs was also not..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Settlement - Objection by JD - If parties have settled their differences and executed agreement, satisfaction of decree has to be certified in the manner indicated U.O.21.R.2 CPC - In the absence of any certification of satisfaction of decree, JD cannot object execution of decree pointing out settlement between..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund for advance - Relief of refund of advance is alternative relief which can be sought at any stage of suit and even after disposal of suit and at the time of execution - There is no question of relief being barred by limitation - Amendment..........
