Transfer of Property Act, 1882, Section 52 -- Sale pendente lite during pendency of suit for specific performance - Sale is hit by S.52 of the Act - Such sale transactions in favour of subsequent purchasers shall have no adverse effect on rights of plaintiffs and shall remain subject to final outcome of suit in question...........
Agreement to sell -- Specific performance - Compensation in lieu of specific performance - Agreement in question executed way back in 1965-66 - Plaintiffs had paid an amount of Rs.6,000 in 1966 against sale consideration of Rs.22,951 when supplementary agreement was executed - Subsequent purchasers were in possession of land in question for about 40 years - Plaintiffs..........
Agreement to sell -- Specific performance - Readiness and willingness - Theory of extension of time for completion of contract demolished - Readiness and willingness on part of plaintiff gets completely weakened - Plaintiff not entitled to decree of specific performance...........
Agreement to sell -- Specific performance - Plaintiff found not entitled to decree of specific performance - Earnest money of Rs.5,000/- paid in 1980 - Ends of justice would be met if some compensation is paid over and above return of earnest money - Plaintiff to pay a sum of Rs.5 lakhs in lieu of return of earnest money...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
Punjab Courts Act, 1918, Section 41, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - First Appellate Court returned a finding that plaintiff was ready and willing to perform contract and that defendants cannot take plea that they were not aware that son of plaintiff was power of attorney of plaintiff - Findings recorded by First..........
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........
Civil Procedure Code, 1908, Section 115 -- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common - Moreover, defendant not chosen..........
