Property Act, 1882 ( 4 of 1882 ),] [Added by Act 21 of 1929, Section 10.] to be registered shall (a) affect any immovable property comprised therein ... Provided that an unregistered document affecting immovable property and required by this Act, or the Transfer of Property
redeem.(ix) In suits against a mortgagee for the recovery of the property mortgaged; to foreclose .and in suits by a mortgagee to foreclose ... money expressed to be secured by the instrument of mortgage; for specific performance.(x) In suits for specific performance (a) of a contract
improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under ... costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission
seek specific performance of a
contract of sale relating to immovable property, and for a court to grant such
specific performance ... even in the
absence of a specific term for specific performance in the contract. It is
evident from section
specific performance of contracts relating to immovable
property. This Court held :
"We are of the view that the right to specific performance ... which contained a prohibition relating to specific performance of
contracts concerning immoveable property."
24
Approving the decision of the Calcutta High Court
mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced
Civil Procedure, 1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer ... immovable property may, in an appropriate case, ask for— (a) possession, or partition and separate possession, of the property, in addition to such performance
Section 10 in The Specific Relief Act, 1963
10. Cases in which specific performance of contract enforceable.—
Except as otherwise provided in this ... shall presume— (i) that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and (ii) that
certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed.—
(1) Where ... suit a decree for specific performance of a contract for the sale or lease of immovable property has been made and the purchaser
essence of contracts relating to
immovable properties took shape in an era when market value of
immovable properties were stable and did not undergo ... contracts relating to immovable properties and also explain
the current position of law with regard to contracts relating to immovable
property made after
