Execution of court order
Querist :
Anonymous
(Querist) 18 September 2011
This query is : Resolved
This was the last part of decree in my favor by high court;
As regards the imperfect title, defendant was required to take certain steps. If he has not taken such steps then, it goes to his dis-advantage and show that he had a guilty mind at the inception. The defendant cannot be permitted to take shelter of certain niceties which has nothing to do with the plaintiff. If he on his own has not performed, then he had the guilty intent and one who nurses such intent, cannot claim any advantage in a court of equity while exercising jurisdiction of grant of specific performance. The courts are required to look into quantum of equitable circumstances which heavily weigh against the defendant. We are of the opinion that the plaintiff is entitled to grant of decree of specific performance. We are remitting it back to the Trial Court to detail out the niceties of execution of the sale deed in favour of the appellant in terms of the agreement on which we are ordering the specific performance. The exercise should be completed within three months.
AGAINST THE SLP SC PASSED THE ORDER;
We have gone through the impugned judgment dated
30.05.2005 passed by the High Court of Judicature for
Rajasthan and perused the record of the case. We are of the
opinion that there is no infirmity in the same and hence it
does not call for our interference. We order accordingly.
Having no merit the Appeal is dismissed accordingly. No
costs.
.........................J.
(MARKANDEY KATJU)
NEW DELHI;
MY query is;
In an auction JD was the highest bidder in 1962 in and got the allotment letter but he got possession in 1969 delay was due to not paying balance amount.we went in an agreement with JD in 1962 and due to non compliance and forgery by him we filed civil case against him in 1965 . In 1970 the u.i.t sent a letter of cancellation against which he filed injunction which is still pending in high court. the u.i.t evicted him saying that he have not fulfilled the conditions in allotment letter .He filed a case in 1971 for which in 1984 the court restored the possession saying that proper proses should be followed to disposes him but the cancellation was not set aside.till today he have the possession of the vacant plot unobstructed against allotment letter for 26 years (according to RTI information form municipality ).what should i do.He have not applied for the lease deed,patta and registration.He may raise the issue of imperfect title Execution is in trial court .
Raj Kumar Makkad
(Expert) 18 September 2011
What is the direct relevance of the issue raised by you with the judgment of High Court confirmed by SC?
Nothing can be done now except to follow the direction given, however, as the case has been remanded back for detailing out the niceties of execution of the sale deed in favour of the appellant in terms of the agreement, you may raise only technical issue if any left un-raised.
