Court alone has
power to extend the time to satisfy the conditional decree. When
the Trial Court had exercised its discretion and granted
extension ... sale deed dated 20.06.2007 by pointing out that
the decree in this case was a conditional one and self operative
in case of non-compliance
possession of the same to the respondent
Reason:
subject to the following conditions:
1) The petitioners file an undertaking on
usual terms in this Court ... premises.
Breach of any one of the above conditions
shall render the decree executable forthwith against the
petitioners.
(Shashi Sareen) (Veena Khera)
Court Master Court
tenants’. It
protects the tenant from eviction in execution of a decree or
otherwise in all cases except in those cases where the eviction ... rent etc., and observes and
performs the other conditions of the
tenancy. In other words, no decree can be
passed granting possession to the landlord
circumstances of the case, a decree of specific
performance of agreement of sale should have been passed, or
the decree of refund of part consideration ... section (2) of
Section 20 enumerates three conditions when discretion is not
to be exercised to grant decree of specific performance:-
“(a) where the terms
possession of the same to the respondents
2
subject to the following conditions:
1) The petitioner files an undertaking on
usual terms in this Court ... succeeding calender month.
Breach of any one of the above conditions
shall render the decree executable forthwith against the
petitioner forthwith.
(Shashi Sareen) (Veena Khera
Verified to the respondents, subject to the following
Digitally signed by
conditions:
Mahabir Singh
Date: 2015.01.30
15:41:34 IST
Reason:
(1) The petitioner files ... payment of
compensation or breach of any of the conditions
stipulated above the decree for eviction shall
become executable forthwith.
(MAHABIR SINGH) (VEENA KHERA)
COURT
possession of the same to the respondent
2
subject to the following conditions:
1) The petitioner files an undertaking on
usual terms in this Court ... succeeding calender month.
Breach of any one of the above conditions shall render
the decree executable forthwith against the petitioner.
(Shashi Sareen) (Veena Khera)
Court
peaceful possession of the same to the respondent
subject to the following conditions:
1) The petitioners file an undertaking on
usual terms in this Court ... succeeding calender month.
Breach of any one of the above conditions
shall render the decree executable forthwith against the
petitioner.
(Shashi Sareen) (Veena Khera)
Court
Videocon International Ltd. vs Securities And Exchange Board Of India on 13 January, 2015
Author
evicted without a decree of Court.
The landlord, therefore, is duty bound to obtain
a decree from court by establishing the
conditions precedent laid down ... execution of a decree or order for ejection. Section 5 reads as
under:-
“5. (1) No order or decree for the recovery of
possession