Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Resistance to execution of eviction decree - Concurrent finding of fact that appellant had no independent right to suit premises - Held, objections rightly dismissed...........
Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g), Clause (vii), (viii), 17(b) -- Loan for purchase of Tractor - Failure to pay loan - Suit for recovery by bank - Decreed - Execution - Objections filed by J.D. that execution is not maintainable in terms of sec. 17(b) - Accepted by Ld. Executing Court holding that the loan advanced by the bank is not price..........
Reserve Bank of India Act, 1934, Section 2(iv), Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g)(xii), 17(b) -- Debt due to a scheduled bank - Vide Haryana Act No. 15 of 1993, any debt due to a `Scheduled Bank' as defined in clause (vi) of Sec. 2 of the Reserve Bank of India Act, 1934, is not a debt as defined under Sec. 2(g)(xii) of the Act - Therefore,..........
Civil Procedure Code, 1908, Section 141, 153, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution petition - Amendment - Application seeking amendment to execution petition is maintainable...........
Civil Procedure Code, 1908, Section 54, Order 21, Rule 35 -- Compromise decree for delivery of possession of immovable property - Execution - Provision applicable is O.21.R.35 and not S.54 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - During pendency of execution petition son of one of the J.D. sold property - Agreement to sell was executed much prior to attachment of property though sale deed was executed later on - Petitioner second purchaser - Petitioner perfected title over property - Sale deed of petitioner will..........
Will -- Registered - Endorsement of Sub Registrar about thumb impression of testator below the endorsement but on a plain look at the Will there was no thumb impression or signatures of the executant or the alleged witnesses - Scribe of Will stated that he scribed Will at instance of executant but did not state that executant also appended her thumb impression on Will in..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Balance sale consideration was to be paid within three months of passing of the decree - Execution application filed after about 3-1/2 years of passing of the decree - Extension of time not sought..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - Extension of time - Suit for specific performance of agreement - Decreed - Judgment debtor directed to execute sale deed in favour of decree holder on payment of balance sale consideration within a period of three months from the date of decree - Execution filed by decree holder after two years for execution..........
Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97 -- Execution - Res judicata - Principles of constructive res judicata are applicable to execution proceedings...........
