...claimed for the reliefs of directing the defendants to execute a fresh sale deed with regard to the suit property in pursuance of an agreement for sale dated 27-2-2006 on or before the date that may be fixed by the court and failing which execution of...the sale deed by the court. She also prayed for grant of permanent injunction restraining the defendants from disturbing her peaceful possession...and refused to admit the sale deed in evidence. The plaintiff unsuccessfully challenged the order of the trial court dated 11-12-2007 by filing revision petition before the High Court and hence this...

...same became final.6. In the year 1985, the appellant filed an execution petition being EP No. 257 of 1985 for execution of the sale deed of the land in her favour by the respondent. On the other hand, the respondent filed an execution petition being EP No. 79 of 1983 for executing the compromise decree in OS No. 218 of 1969. Both the petitions were taken up together for disposal. The executing court allowed...order of the High Court, the sale deed was executed only on 28-10-1996 whereas the amendment Act (Act 2 of 1996) came into force on 11-1-1996, much earlier to the execution of the sale deed, hence, the contention of learned Senior Counsel for the appellant is not acceptable and we are in agreement with the conclusion arrived at by the High Court. As...decree in OP No. 4 of 1977 became a nullity on and from 11-1-1996, the executing court committed an error in executing the sale deed after coming into force of the amended Act. Further, as rightly observed by the High Court, unless the sale deed is executed either by the Mission or by the Court, the fruits of the decree will not be realised by the tenants and the proceedings will come to an end only upon execution of...

...was a conditional sale deed and the appellant had a right to repurchase the sale land for the same consideration of Rs. 10,000 within a period of ten years from the date of execution of the sale deed.4. The respondent did not make any response to the said legal notice, thus, the appellant filed Original Suit No. 122 of 1992 before the Court of Munsif and JMFC Court, Mulbagal, seeking the relief of specific performance. The said suit was contested by the...” had been inserted at three places in the margin and the last part of the sale deed Ext. D-2 in Ext. P-4 had been added subsequent to the execution of the sale deed. The findings so recorded by the High Court are.... The manner in which interlineations have been made in the document itself reveals that addition was made subsequent to the execution of the document otherwise there was enough space to insert such a clause in the same manner in which the entire sale deed had been scribed. This particular clause had to be squeezed in a small space and to adjust the same before the signature already made by the appellant. The first appellate court committed...

...this petition, execution proceedings have come to an end in terms of execution of registered sale deed by the trial court itself in favour of the respondent. 5. He, therefore...respondents' side. 4. It is contended by Shri Tripathi that this petition arises out of execution proceedings in a suit for specific performance of agreement for sale. When the execution... HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 4315 of 2022 Court No. - 5...

...appellant examined seven witnesses and the defendant examined six witnesses. Both sides marked several documents.5. The trial court by judgment dated 27.8.1990 decreed the suit with costs subject to payment of court fee by the appellants, on Rs. 22000. The trial court held that the appellants had proved the payment of part sale price of Rs. 17000 to second respondent; that on the execution of the sale deed by...written by the scribe - PW5, and that thereafter, the second respondent executed the sale deed and got it registered. The sale deed dated 22.7.1988 also recited that Rs. 17000 was received by the vendor prior to the execution of the sale deed and the balance of Rs. 5000 was to be paid at the time of transfer of Registration Receipt. The first appellate court after...of evidence, contrary to the pleadings, howsoever cogent, can be relied on, would apply. The first appellate court also found that there was no endorsement in the sale deed by the Sub-Registrar about payment of Rs. 17000 in his presence, nor any separate receipt existed to show the payment of Rs. 17000 prior to the preparation and the execution of the sale deed. The first appellate court believed...

...defendant judgment-debtors with the map annexed with the sale deed executed by the court in execution of the decree and we find that there is some difference between the exact description and location...opportunity of hearing, decide upon the correctness of the map filed by the plaintiff decree-holders during the execution proceedings and presently forming part of the court sale deed dated 23-12-1998...described in the sale deed executed in execution of the decree and as rectified in the event of an occasion arising for the purpose, shall be delivered by the judgment-debtors to the decree-holders, if necessary through warrant of delivery of possession.(c) It would be in the discretion of the executing court to...

...strength of his title conferred upon him under the sale deed. It was not necessary to examine Buchamma as she had never objected to the execution of sale deed. In the written statement only her authority to sell the property was questioned. It was not necessary to file a suit for declaration of title as Buchamma acquired the suit property by way of inheritance from the absolute owner and thereafter sold it to the plaintiff.7. The High Court in...High Court has held that the sale deed has not been proved for want of examination of Buchamma. The High Court has ignored the pleadings of the parties and the evidence on the question of execution of sale deed which establishes that sale deed had been executed by Buchamma...registered sale deed dated 25-4-1981 executed by Buchamma in favour of the plaintiff.5. The trial court while dismissing the suit inter alia found that passing of...

...performance of a contract of sale.The appellant obtained a decree for specific performance of a contract of sale against Khalil Ullah and Mst. Kaniz Amna Khanam so far back as in the year 1928 or 1929. It is stated that by an oversight the court did not, by its decree, direct that on the execution of the sale deed possession...and directed the amendment prayed for by the decree-holder.Armed with this amended decree the decree-holder applied to the court below for execution of the sale deed in terms of the...the Encumbered Estates Act had no application to the case. It is contended that title to the property covered by the decree was transferred by the decree itself and that the execution of a sale deed was a mere formality to evidence the transfer of the title by the decree. It is therefore urged that there was no question of any transfer being made by the court. Secondly...

..., by u.p. act no. 34 of 1974 sale deed could not be executed by the Court even through the agreement for sale was executed prior to 1974 when there was no restriction on sale of agricultural land by a person belonging to scheduled caste. Ultimately, execution application...authority of Ram Saran related to auction sale and authority of Dal Chand related to execution of the sale deed by the Court in execution of decree for specific performance of agreement for sale by a person belonging to Scheduled Caste. However, in the authority of Dal Chand sale deed executed by the Court without..., sale-deed was executed by the executing Court on behalf of that subsequent purchaser who was not member of Scheduled Caste. 8. However, the Hon'ble Judge who decided the case of Dal...

...in law which was preceded with the wrong premises that the execution of sale deed by Court Commissioner tent amounts to delivery of possession also? 13. Before dwelling on the...executed the registered sale deed and circumstances regarding the contentions establish that possession was delivered it did not require eviction and invention. Added to it, the sale deed was executed by the Court Commissioner on 17.8.2001. On perusal of the said sale deed, it is seen that it is executed for a cash consideration of Rs.30,000/- and possession is directed to be delivered under the said sale deed and the execution petition...Execution Petition No.172/1999, defendants contested the said petition. By rejecting the objection filed by the defendants, it is ordered to execute the sale deed in favour of the plaintiff. Again defendants...

...purchase the haveli in question at any point of time….… Since the plaintiff accepted the payment after execution of decree by registration of sale deed through court on 24...learned trial court despite having preferred an appeal having himself agreed for execution of the sale deed must be held to have accepted the judgment and, thus, could not have been permitted to turn...the trial court by the appellant without any demur would not in law alter the situation.(vi) A registered deed of sale having been executed pursuant to the order of...

...has another residential building. The building in question was let out on rent. 7. Most importantly, the learned Counsel submits that after levying execution of the decree, the property has been conveyed to the respondent by the orders of the Court. In other words, sale deed has...Execution Court. (b) The appellant will further deposit a sum of Rs.50,000/- as costs to be paid to the respondents. This amount will also be deposited in the Execution Court within a period of one month from today. Upon depositing the aforesaid amounts, it will be open to the respondent to withdraw the same and the sale deed will stand set aside. The respondent can also withdraw the amount of 6 Rs.92,000/- deposited by him...besides noticing that in execution of the decree, the sale deed has been executed in favour of the respondent and it is only thereafter that despite receipt of the notice dated 27.03.2015, the...

...court allowed the objection of the judgment-debtor in part inasmuch as it directed the execution of the sale deed in pursuance of the decree. It, however, refused to grant the relief of possession with the observation that the remedy of the decree-holders for possession was by means...provisions of Order 21 of the Code. So long as the sale deed is not executed in favour of the decree-holder, either by the defendant in the suit or by the court, the title to the property remains vested in the defendant and till the execution of..., an order directing delivery of possession being merely incidental to the execution of the deed of sale. The court, however, observed that on March 1, 1964 Specific Relief Act of 1963 came into force and this Act altered the law by enacting...

...by the plaintiff, the defendant shall not alienate or transfer the land in dispute by sale or otherwise. It has been stated that the defendant has executed a sale deed in violation of the order passed by the writ court. The execution of...the sale deed does not amount to willful disobedience of the order of the Court. In light of Section 52 of the Transfer of Property Act, 1882, the...validity of the sale deed would be dependent on the decision of the Original Suit. The execution of the sale deed does not substantially interfere in the process of justice and the mere execution of...

...District Judge. The appellants thereafter preferred a Second Appeal No. 46 of 1993 before the High Court of Guwahati and by the impugned judgment dated 17-12-1993, the High Court dismissed the appeal.9. Mr Goswami, learned Senior Counsel appearing for the appellants, has submitted that Plaintiff 1 Pushpa Kanta was major on the date of execution of the sale deed in...than 30 years old. Presumption of valid execution of such old document arising under Section 90 of the Evidence Act, 1872 was in favour of the defendants. Hence, the contention of the plaintiffs that no such deed had been executed by Plaintiff 1 could be accepted. The trial court had rightly held that it must be presumed that the deed of sale had...attempt was made to prove the execution of the said deed of sale with the aid of Section 90 of the Evidence Act, 1872. Since the alleged sale deed was more than thirty years old on the relevant date, presumption of due execution of the same flowing from Section 90 was relied upon. The trial court accepted the case of execution of a sale deed by Pushpa...

...respect of it. Having considered the language of the section we have come to the conclusion that the exception does not apply to this case. The expression “sale in execution of a decree” is not identical with the execution of a sale deed by the court in...by the courts below and Lal Chand has appealed.The two points urged on behalf of Lal Chand are (1) that no suit for pre-emption lay in respect of the sale deed executed by the court on...the case comes within the exception contained in section 6. If it can be called a sale in execution of a decree of a civil court, then by virtue of that section no right of pre-emption can arise in...

...suit property which is the subject matter of partition was sold by both the mother and father i.e., 3rd plaintiff and 2nd defendant and he wants to evidence this fact by production of agreement of sale. 4. In my view merely because, the sale deed has been produced, that would not preclude the 1st : 4 : defendant to produce the agreement of sale which had executed prior to the execution of the sale deed. 5. The order made by the Trial Court cannot...By the impugned order, the Trial Court has rejected an attempt made by the 1st defendant to produce an agreement of sale which was executed by the 2nd defendant and to which the 3r d...plaintiff had also affixed her signature. 2. The Trial Court has observed and has stated that pursuant to the agreement of sale, a sale deed had been executed and since that sale...

.... 9. The present suit was thus filed by plaintiff seeking a direction to defendant no.1 to execute sale deed of suit property in plaintiff's favour. He also sought for a direction for execution of sale deed by Court, if.... It is his submission that the sale deed is hit by the doctrine of lis pendence and is liable to be declared as null and void. In support of his submission, he placed reliance upon Apex Court...waived by defendant for obtaining possession of red colour property. It is the plaintiff's case that the defendant no.1 assured him to execute the sale deed after plaintiff obtains permission from...

...file of the trial court praying for a direction to the Devasthanam-respondent herein to execute the sale deed in favour of the revision petitioner for the suit vacant site and in the event of refusal, praying execution of the sale deed by the court on...revision petitioner herein for sale of the property described in the plaint for the price fixed by the court, by filing a petition under Sec.9 of the Act and the revision petitioner has also deposited the amount in court, which remains not withdrawn by the Devasthanam yet. It is because of the non-execution of the sale deed as...per the decree passed by the court by withdrawing the amount deposited in court, the revision petitioner has come forward with this petition in E.P.No.306 of 1993 for a direction to the Devasthanam, the respondent herein to execute the sale deed in favour of the revision petitioner or in the alternative for execution of...

...stay of execution 2 of sale deed by court in suit for specific performance decreed in favour of the...present respondent. He further contends that respondent is already in possession in capacity as a tenant and if he obtains sale deed through the Court, then that relationship may come to an end... 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR...