Agreement to sell -- Specific performance - Mere execution of sale agreement itself is not a ground for granting relief of specific performance - Even when Court comes to conclusion that there is an agreement, Court has to see the conduct of parties while granting relief of specific performance...........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Agreement to sell -- Agreement for sale neither transfers the property nor creates any interest in subject matter of the agreement to the purchaser in view of S.54 of the T.P Act - Therefore, embargo created by S.154-B(1) of Zamindari Abolition Act, will apply only to the execution of sale deed and not to the execution of agreement for sale...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Application U.O.21.R.26 CPC filed before executing Court, which had passed the decree, is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 5(2) -- Scope - Stay of execution - Provision of O.41.R.5(2) CPC applies, if execution is filed within the limitation period for filing appeal against the trial court's decree...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner being an interested party in the suit being in possession of decreed property, has a right to raise his objections U.O.21.R.97 CPC before execution of decree - Objections at the instance of petitioner are maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution -Third party objections - Objections were rejected ex parte, as petitioner was not present on the date when objections were heard - Recall application filed by petitioner was also dismissed without considering the grounds on which it was filed - Since, reasons for non-appearance were adequately explained by..........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Parties never adopted either of mode of settlement as referred in S.89 CPC - Even, no award was passed by Lok Adalat - Merely because after execution of sale deed pursuant to judgment and decree of Court, statement was made by DH that matter had been compromised, he..........
Agreement to sell -- Specific performance - Execution of agreement to sell not disputed - Defendant categorically admitted that in sale agreement, sale consideration is fixed as Rs.2,55,000 - When such admission is unequivocal, very contention of defendant that it is only a loan transaction and document is executed as security document cannot be accepted...........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied to plaintiff merely because plaintiff has alternative remedy of refund of amount as per agreement in case of breach of contract, particularly when defendant admitted the execution of agreement and amount received for construction of house and utilization of said amount for..........
