suffer greater hardship. None of less, the Appellate Court passed a conditional decree in favour of the landlord. The Appellate Court ordered that ... landlord would execute the decree against the tenant. Such a conditional decree came to be passed by the Appellate Court which is the subject matter
would not be open to the Court to pass a conditional decree as has been done in the present case. According to the Shri Paranjape ... Judges of the Appeal Court have clearly erred in passing a conditional decree for possession. Under the impugned order, the plaintiff has been ordered
conclusion that the decree in question is
enforceable from day one and that the said decree was not a conditional
decree or was contingent upon ... advanced on behalf of the Decree Holders/Plaintiffs in the
said case that the said decree was a conditional decree and the same would
became
decree dated 28.1.1971 was a
conditional decree. However, the conditions enumerated in the
said conditional decree were not satisfied inasmuch as, the
balance payment ... remained unpaid. In such an eventuality, the
conditions of the decree having not been honoured, it cannot
be said that the petitioners have acquired
NARAIN RAINA, J (ORAL)
Salwant Singh, the present petitioner, holds a conditional
decree obtained ex parte from the Court of the learned Additional Civil
Judge ... indicated with consequences of failure recorded in the judgment and the
conditional decree. The arrangement was simply a court direction with no
reference
support of his
submission that a conditional decree could have been passed and the
conditional decree is permissible before the sale is actually
effected ... contract for transfer of land and the Court can pass a conditional
decree for specific performance subject to exemption being obtained
and in view
specific performance of an agreement
to sale dated 21.3.1980, wherein conditional decree was
passed on 28.6.1983 specifically directing the plaintiff to
obtain all legal permissions ... second contention that decree of
specific performance is preliminary decree, the Court
retained control of the suit, preliminary decree of specific
performance (agreement to sale
makes it
obligatory for the court to pass a decree when its
conditions are satisfied. [205B-C]
Hatilal Balabhai Nazar v. Ranchodbhai Shankrbhai Patel ... makes it obligatory for the Court to pass a decree
when its conditions are satisfied as was pointed out by one
of us (Bhagwati
judgment-debtor after passing the decree, the decree-holder beat good bye to the terms of the decree and completed the second floor and thereby ... cannot ask the judgment-debtor to execute the decree. When the decree-holder herself violated the conditions of the decree, she cannot compel the judgment
original plaintiffs,
the executing court passed a conditional decree against
the heirs of the original tenant/ defendant directing
them to deposit Rs.5100/- within thirty ... were was not raised during the
course of trial. The decree is specific and
conditional. The judgment debtor was directed to
deposit the rent within
