Punjab Security of Land Tenures Act, 1953, Section 9 -- Civil Procedure Code, Order 20 Rule 14 and Order 21 Rule 35 - Whether tenant in actual physical possession of land can be ejected in execution of preemption decree and whether pre-emptor entitled to only symbolical possession or actual possession - Tenant inducted by vendee of preemptible property - Sale successfully..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 35 -- Pre-emption decree - Rights and consequences - Title of pre emptor in respect of pre-empted property accrues from date on which payment of purchase money and costs (if any) made in accordance with Order 20 Rule 14 - Pre-emptor entitled to delivery of possession of pre-empted..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 99, 103 -- Dismissal in default of first execution application - Application for restoration not filed - No bar to filing of second execution application...........
Civil Procedure Code, 1908, Section 151, 145 -- Execution of security bonds for mesne profits (in pre-emption appeal vendee obtained stay of dispossession on furnishing security for mesne profits in the sum of Rs. 5000/- in first appeal and Rs. 10000/- in second appeal) - Permissible without any recourse to a fresh suit - Persons who stood surety for judgment-debtor liable..........
Punjab Co-operative Societies Act, 1961, Section 63, 56 -- Execution in Civil Court of Award obtained by Central Co-operative Bank against Cooperative Society - Request made in execution proceedings that decretal amount be recovered by sale of property belonging to persons named - Objection accepted that decretal amount could not be recovered from property of named persons..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 47, Rule 1 - - Order 20 Rule 14 imposes obligations on both sides, performance by one conditional on performance by the other - Obligations reciprocal and interlinked and cannot be separated - Defendant vendee if obtains stay order and relieved of obligation to deliver possession of properties..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Contemplates a stage in execution proceedings when matter lies only between judgment- debtor and decree-holder and no other interests have come into being - Once a sale effected a third party's interest intervenes which cannot be disregarded - Court cannot refuse to confirm a sale duly held on the ground that decree-holder..........
Civil Procedure Code, 1908, Order 21, Rule 66(2)(a) - - Only so much of property should be said which can satisfy decree and not whole of it - Judgment-debtor owned only one Killa of land and in execution of decree for principal sum of Rs. 280/- plus interest and costs auction sale of whole land for Rs. 1,000 - Auction sale set aside...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99 - - Application by third person not a party to decree to Executing Court for staying dispossession till determination of his claim for ownership or possession of property in dispute - Not competent - First he has to surrender possession - Cannot seek same relief by application under Section 151 - Executing..........
Punjab Pre-emption Act, 1913, Section 4 -- Plaintiff-pre-emptor required to maintain his qualification upto date of passing of decree by Trial Court - Need not retain his superior right of pre-emption till hearing of appeal by vendee - Pre-emption decree on the basis of tenancy - Subsequent order of ejectment against plaintiff-pre-emptor and in execution thereof vendees..........
