East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Execution proceedings - Objections - Contention of appellant/tenants that ejectment order cannot be executed against them as they were not parties to ejectment order - Further, objections filed by them were dismissed summarily by Courts below without granting opportunity of leading evidence to..........
Agreement to sell -- Specific performance - Execution of agreement proved - No proof that execution of agreement was in lieu of security of loan - Recital in agreement and evidence that there was intention to deliver possession - Subsequent purchaser deemed to be in knowledge of agreement as he resident of the same village - Plaintiff spent huge sums of money to improve..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at execution stage - Amendment sought to correct name of Kissam - Executing Court rejected the amendment application and also dismissed the execution case - Held, order rejecting amendment set aside and quashed - Execution case revived - Executing Court will correct decree by correcting the name of Kissam..........
Will -- Execution - Suspicious circumstances - Two version available as to where document was scribed - No unanimity on time when document was written - Not established in unequivocal terms that contents of Will were read over and explained to the testatrix and it is after understanding the same to be true and correct, she had put her signatures thereon in the presence of..........
Civil Procedure Code, 1908, Section 35, 47 -- Frivolous litigations - Exemplary costs - Execution proceedings - Objections - Petitions/JDs who are in possession of suit property are grossly abusing process of Court to perpetuate their possession and thereby depriving plaintiffs to get fruits of decree secured by them almost 30 years ago and also depriving decree holders of..........
Transfer of Property Act, 1882, Section 52 -- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to hand over possession - Said..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of party in execution - Purchaser of property - Sale of property by one of the decree holders after his right was determined upto High Court - Impleadment sought during pendency of suit is quite different as property cannot be alienated without permission of Court as..........
Agreement to sell -- Specific performance - Time for execution of sale deed fixed after two years of the agreement - Parties mutually agreed to the terms and conditions - Defendant might be needing long time to vacate the suit property or to make alternative arrangement - If both the parties mutually agreed to period of two years for execution of the sale deed, the..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Resistance or obstruction to possession of immovable property - Whenever an application U.O.21.R.97 CPC complaining to the Court resistance or obstruction by any person, all questions arising between the D.H. and any such person shall be adjudicated by the executing Court itself U.O.21.R.101 CPC - Such an..........
Limitation Act, 1963, Section 3 -- Suit or execution application filed pre-mature i.e. before the accrual of cause of action - It will be deemed to be properly filed from the date of accrual of cause of action...........
