Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Execution proceedings are being subsisting for over 18 years - DH is not being able to enjoy the fruits of litigation on account of inordinate delay caused during process of execution of decree - Application for stay of execution rightly rejected...........
Civil Procedure Code, 1908, Section 47 -- Execution - Execution proceedings in itself has become a second round of litigation - It takes ages for D.H. to realise the fruits of success of a decree with J.D. assisted innovatively - Decree Court to forthwith execute the decree and not later than one months from the date of this order...........
Agreement to sell -- Specific performance - Subsequent purchasers were in knowledge of agreement to sell in favour of plaintiff - However, despite the same they purchased the suit land surreptitiously - Even, sale consideration mentioned in sale deed in favour of subsequent purchasers is found to be doubtful - Moreover, subsequent purchasers for all these years cultivated..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(k), 13(1)(e) -- Eviction petition - Compensation - Compensation cannot be based on valuation of building - After all, what was leased out was land, the construction on land if any made during subsistence of tenancy, was to belong to lessee - Compensation can accordingly be based only on value of..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside by simultaneously filing application U.O.9.R.13 CPC and appeal u/s 96 CPC - Stay of appeal - Defendants filed application for stay of appeal after more than 2 years after filing appeal and application U.O.9.R.13 CPC - However, meanwhile plaintiff deposited balance amount of sale..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of suit - Death of one of plaintiffs - Non-substitution of LRs of deceased plaintiff - Suit was filed by three plaintiffs seeking cancellation of Will - One of plaintiff died and even if LRs of said plaintiff are not taken on record, suit as a whole cannot abate - More so, if abatement takes place qua deceased..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Absence of defendant from proceedings not attributed to any negligence on part of her counsel as alleged by her - But application filed to set aside ex parte decree passed against her more than 1 year after she was proceeded ex parte, is only a device to linger on the matter and deny fruits..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(f) -- Rent and eviction - Bonafide need - Plea of landlord, he cannot start his business of dry-fruits in the market `S' as said market is mainly a market of cloth business - As landlord is best judge to decide as to which place is suitable for his business, therefore, tenant cannot insist that landlord can..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per O.6.R.4 CPC - Mere..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Rights of a decree holder - Executing Court - Rights of a decree holder are to be protected and he should be allowed to enjoy the fruits of the decree at the same time - Court cannot loose sight of the fact that if a person has a genuine claim it cannot be thrown out at threshold itself after summary enquiry...........
