Urban Land (Ceiling and Regulalion) Act. 1976 and whether, therefore, a conditional decree for specific performance, subject to the condition of the plaintiff ob,aining ... situation where that decree may become inoperative. The decree for specific performance may be made conditional on the exemption under
cited
judgments by plaintiff on the point that a conditional decree may be
passed and on the point that one cannot set benefit ... upon grant of the necessary permissions by the
competent authority, a conditional decree can always be passed by the
Civil Court. However, the learned counsel
record, the learned Subordinate Judge, 3rd Court Alipore, passed a conditional decree for specific performance of the contract for sale on contest with costs ... decree in a suit for specific performance was a preliminary decree in the initial stage, that such a decree was not a conditional decree
performance could be granted.
(iii) That the Court cannot pass a conditional decree for specific performance, in view of the fact that, not only ... granted on condition. In other words, he has contended that a conditional decree can be passed, subject to obtaining the permission of the competent authority
between a preliminary decree and a final decree quite clear and judicial pronouncements made it further clear that when a final decree was passed ... proposition that a conditional decree is a, final decree. The question is whether after having passed a conditional decree in a suit for specific performance
decree holder. Thus, it was a usual decree for specific performance. The terms of decree no where provide that the decree holder had to fulfil ... decree. In the present case also if the decree in question itself had provided that the decree holder shall be entitled to execute the decree
decree.
(5) It is also contended that the decree drawn by the
Court is based on the compromise and the decree is a
conditional ... paid by the decree holder.
The decree for specific performance is a preliminary
decree. The Court passing the decree did not cease to
have power
sale deed can be executed and
therefore, the Court can pass conditional decree to that effect. It
is submitted that merely on the ground that ... averment upon vendor satisfying certain conditions can be
specifically enforced by the Civil Court by passing a
conditional decree that the transaction would be complete
that the Court had no jurisdiction to pass a conditional decree ordering possession to be given to the vendee on payment of the balance ... inconsistent with the decree eventually passed restoring the decree of the Subordinate Judge who had passed a conditional decree ordering the purchaser to obtain possession
proposition that in a properly framed suit asking for a conditional decree the relief could not be given.
44. I find support for this view ... purchaser under that decree for the sale did not take place till after the decree for sale under the mortgage decree.
46. In Ram Prasad
