Civil Procedure Code, 1908, Section 9, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1, 13 -- Change of law - Effect on pending proceedings - Decree for possession after termination of tenancy - Rent Act became applicable - Land falls within Municipal limits - Execution of decree - Objection by Judgment Debtor - Allowed - Once the provisions of Rent Act..........
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89 -- Enlargement of time - Suit for specific performance of agreement decreed - Comprise effected between parties during execution - Decree to stand fully satisfied and adjusted on payment of Rs.1.00 lac on specific date - Judgment Debtor deposited Rs. 80, 000/- on the specified date - Sought extension of time to..........
Civil Procedure Code, 1908, Section 47, Order 41, Rule 1, 5 -- Execution - Decree is executable from the date on which it is passed, unless its operation is deferred by the decree itself or by the order of the appellate Court - Decree becomes executable even before limitation to challenge the decree expires - Stay of execution of decree can be obtained from Appellate Court..........
Agreement to sell -- Specific performance - Earlier payment made by cheque and subsequently by cash - Not a circumstance to doubt the execution of agreement...........
Agreement to sell -- Specific performance - Proof of execution of agreement - Agreement bearing signatures of vendor on first page and on second page which is on the reverse side of the first page - Nothing unusual in the writing of document except that writing on reverse page not starting right underneath the endorsement of purchase of stamp paper - Held, said fact alone..........
Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Execution - Stay of sale of property - Execution Court to decide application on merits - Application for stay cannot be dismissed merely on the ground that no stay was granted by Appellate Court while admitting appeal...........
Civil Procedure Code, 1908, Section 96, Order 21, Rule 99, 103 -- Objections to execution of decree - Objector claiming possession of part of suit land - Objections dismissed - Revision filed - Objections are in terms of O.21 R.99 - Order passed on such objections have the force of decree in terms of O.21 R.103 - Order appealable - Revision not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Before granting police aid, notice to J.D. not issued - J.D. deprived of his right of resisting decree by putting forth defences available to him - Impugned order set aside...........
Civil Procedure Code, 1908, Section 47 -- Co-decree holders - Dispute - Dispute between co-decree holders cannot be decided in execution proceedings against a judgment debtor...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - To realise the amount of maintenance property of husband alone can be attached and not that of any other person...........
