Showing : 31-38 of 38 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35- - Mandatory injunction decree, execution of - Objection of satisfaction of decree - Gram Panchayat directed to correct alignment of passage - Earlier objections dismissed holding that though symbolic possession delivered but decree with respect to alignment of passage yet to be executed - Another..........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 58, 63, 95, 96-- Auction purchaser - Possession - Person occupying property under title created by J.D. before attachment not liable to be removed - Petitioner failing to establish her occupation under title created by J.D. before attachment - Case falls within ambit of O.21.R.95 - Delivery of symbolic possession..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Symbolic possession if can be delivered under the decree - Decree-holder cannot be restrained from obtaining physical possession of land - Symbolic possession of land given to decree-holder and physical possession not released as decree-holder refused to pay costs of crops - After crops have been..........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 1997
Details
Punjab Land Revenue Act, Section 34,35,36,37-- Mutation on the basis of sale-deed - Sale of share in joint land - Passing over of possession - Immaterial - Possession not pre-requisite as all co-sharers deemed to be in possession - Even if vendor-co-sharer not in actual physical possession - Vendee steps into shoes of erstwhile co-sharer -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 6-- Question of title is irrelevant in suit u/s 6 - Basis for such suit is proof of previous possession within six months before filing suit - No documentary evidence produced to prove previous possession - Reliance cannot be placed on mere oral testimony of both parties which is only oath against..........
KERALA HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Some of the decree holders transferring their rights to some of the judgment debtors - Transferee judgment debtor cannot be equated with a co-sharer to be in possession alongwith the other joint decree holders - They can only be considered as one of the joint decree holders - They are entitled to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Decree for specific performance - Possession - Mortgagees in possession prior to sale deed - If the fact of mortgage is not mentioned in the agreement to sell or the same is concealed then the mortgagee cannot be penalised - Till redemption of mortgagee symbolic possession can only be delivered...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1989
Details
Possession-- Once it is conceded that symbolic possession can be delivered under the decree then there is no reason to restrain from obtaining physical possession of land...........

Showing : 31-38 of 38 Results