Showing : 31-40 of 45 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Transposing of J.D. as D.H. - Transfer of 1/5th undivided share of one of the decree-holders to judgment debtor - J.D. cannot be transposed as D.H. - Provision of O.21.R.16 CPC envisages transfer of the interests of a decree holder in the decree to a third party assignee and not to the J.D. - J.D...........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunctio, Normally not granted in case a person wants to take possession by executing a decree - Ad interim injunction that plaintiff may not be dispossessed by force - Defendant declared owner in civil suit and in execution obtained symbolic possession - Ad interim injunction declined by trial..........

Showing : 31-40 of 45 Results