Civil Procedure Code, 1908, Section 151, Order 21, Rule 35, 97 -- Delivery of possession in execution of decree - Suit for declaration of title and possession and permanent injunction filed by the society - Compromise affected between the society and defendant therein - Right, title and interest of society over the land was accepted - Suit decreed as per compromise - After..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution of decree - Question as to the legality of decree - Revision petition before the High Court against the order of the Executing Court on an application u/s 151 - High Court went into the question as to the legality of the decree - Such a question did not and could not have arisen before the Executing Court - High..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Agreement to sell - Suit for specific performance - Execution of contract denied by opposite party - Power of attorney holder cannot depose in place of his principal...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - 12 years - Starts to run from the date of passing of the decree - In case appeal is filed and appeal is decided on merits then starting point of limitation is the date when appeal is decided even in case there was no stay granted by appellate court - However, in case appeal is filed beyond period of limitation..........
Civil Procedure Code, 1908, Section 47 -- Execution - Dismissal on technical ground that all legal representatives of decree holder not made party to execution petition - Not a bar for fresh execution...........
Civil Procedure Code, 1908, Section 47 -- Identity of property - Question as to identity of property considered at the trial stage and Court held that identity is established - Held, it is not necessary to establish the identity of immovable property at the execution stage again...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Mutation of inheritance sanctioned on the basis of Will - Original Will tagged with the case file of revenue authorties - Will not traced - Ingredients of section 65 satisfied - Petitioner allowed to prove the existence, execution and loss of Will by leading secondary evidence...........
Limitation Act, 1963, Article 54 -- Specific Relief Act, 1963, Sections 15, 16, 20 & 38 - Aggrement to sell - No time fixed for performance - Reasonable Time - Suit for specific performance filed 29 years after the execution of the agreement - Preliminary issue regarding limitation - Suit dismissed as barred by limitation - Specific averment in the plaint regarding refusal..........
Hindu Adoptions and Maintenance Act, 1956, Section 27, 28, Transfer of Property Act, 1882, Section 39, 52 -- Maintenance - Charge on property - It will be highly unconscious and unjust to permit husband to alienate his property with an oblique motive to defeat the legal right of maintenance of his wife - A party cannot be permitted to transfer its land which is likely to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Objection - Dismissal by non speaking order - Rejection of objection by merely stating that objections are meritless - Held, not proper - Reasonings should precede findings...........
