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2016 (12) TMI 1832 - HC - Indian LawsDecree of specific performance of an agreement of sale of immovable property - HELD THAT - This Court in this matter is exercising power as an Executing Court and orders as sought cannot be granted - The counsel for the decree holder then states that the decree holder be refunded the amounts paid by the decree holder but states that the said refund be as per the value of the built up area agreed to be sold - That is again not part of the decree. List on 22nd August, 2017.
Issues:
Execution of decree for specific performance of an agreement of sale of immovable property, demarcation of built-up area, ratification of sale to another party, refund of amounts paid by decree holder. The High Court was approached for the execution of a decree involving specific performance of an agreement for the sale of immovable property, specifically a built-up area in a multi-storeyed building. The counsel for the decree holder requested demarcation as per the application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. However, it was noted that until the construction commences, such demarcation would serve no purpose. The decree holder had agreed to sell their rights to another party and filed an application for the judgment debtor to ratify this sale. Despite a reference to the compromise application, the court found no mandate for the judgment debtor to ratify the sale at that stage. The Court clarified its role as an Executing Court and stated that the orders as requested could not be granted. Furthermore, the counsel for the decree holder requested a refund of amounts paid but specified that the refund should be based on the value of the agreed-upon built-up area. The Court observed that such a refund was not part of the decree. The matter was listed for further proceedings on a specified date. The judgment highlighted the limitations of the Executing Court's powers in granting certain requests beyond the scope of the decree, emphasizing the importance of adherence to the terms specified in legal documents governing the sale of property.
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