Civil Procedure Code, 1908, Section 47 -- Execution - Disbursement of sale amount deposited by D. H.in execution of decree for specific performance of agreement to sell - J son of defendant got a decree for declaration that he is the owner in possession of the house in dispute when the suit for specific performance was pending - Death of J.D. - Executing Court directing..........
Criminal Procedure Code, 1973, Order 39 -- Temporary injunction - Suit for specific performance - Agreement to sell and possession delivered pursuant thereto - Temporary injunction can be granted in favour of plaintiff...........
Agreement of sell -- Plea that it is the result of fraud and misrepresentation - Person alleged to be responsible for the fraud not examined as a witness - No other evidence to prove her case - Plaintiff always ready and willing to perform his part of the contract - Specific performance decree granted...........
Civil Procedure Code, 1908, Order 8, Rule 13, 14, 18, 20, 21 -- Suit for specific performance of agreement of sell-Plaintiff in possession - Suit dismissed - Held in absence of counter claim a decree for possession in favour of defendant cannot be passed. (Specific Relief Act, 1963, S.18)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Suit for permanent injunction - Temporary - Injunction restraining sale or alienation not to be granted when remedy by way of specific performance is available. (Specific Relief Act, 1963, S.41(h)...........
Specific Relief Act, 1963, Section 41(h), 38 -- Agreement to sell - Suit for permanent injunction - Equally efficacious remedy of suit for specific performance available - Suit for permanent injunction is not maintainable...........
Specific Relief Act, 1963, Section 10, 15 -- Agreement to sell coparcenary property - If the sale is not for the benefit of the family, specific performance of the same cannot be ordered...........
Specific Relief Act, 1963, Section 20 -- Inadequacy of consideration simpliciter - Of no consequence - Specific performance cannot be refused solely on the ground that consideration inadequate - Inadequacy of consideration shown in agreement - Not a circumstance in itself to show that agreement not executed by a free mind...........
Specific Relief Act, 1963, Section 14 -- Option given to vendee in case of breach of agreement either to get it specifically enforced or recover back earnest money alongwith consolidated damages - Plea that agreement cannot be enforced on account of uncertainty - Not tenable - Option given to vendee to ask for specific performance...........
Civil Procedure Code, 1908, Section 20 -- Specific performance of agreement of sale - Territorial jurisdiction - Court in whose jurisdiction the agreement was executed has jurisdiction to entertain suit for specific performance simpliciter even if the property is situated outside jurisdiction of that court...........
