Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Applicant should clearly establish two essential requisites - (i) that the defendant is about to dispose of the whole or any part of his property; (ii) that the said disposal is being done with an intention to obstruct or delay the execution of the decree that may be passed against him...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Money decree - Execution - Arrest and detention of J.D. - Means of J.D. - In calculation of means of J.D. property which is exempt from attachment shall be left out...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Money decree - Execution - Arrest and detention of J.D. - Means of J.D. - Property which is exempt from attachment is to be left out - Burden lies on D.H. to show that the property which is said to constitute means alleged to be possessed by J.D. is not of the kind which is not liable for attachment. (Evidence Act, 1872,..........
Civil Procedure Code, 1908, Order 21, Rule 102, 98(2) -- Suit for possession - Execution - Objection by a person who purchased the property during pendency of suit - Any order or decree passed against transferor binds the transferee pendente lite - Applicant is not entitled to any relief - An inquiry would be an exercise in futility in view of the pleadings and it is not..........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Schedule 1 - Suit for correction of khasra numbers/plot numbers mentioned in the sale deed - Execution of sale deed not denied - Plaintiff cannot be asked to pay ad valorem Court fee on the value of property mentioned in the sale deed sought to be corrected...........
Civil Procedure Code, 1908, Section 47 -- Execution - Validity and executability of decree - The case of the plaintiff that they put the defendants in permissive possession and the defence of the defendants that they took forcible possession considered by both the trial Court and Appellate Court - A new question raised by defendant that he is in possession as tenant cannot..........
Civil Procedure Code, 1908, Section 47 -- Compromise in appeal against eviction order - Son of tenant who was not party to eviction petition, was to remain in possession for 10 years and in case of failure to vacate, landlord to file execution - Son of tenant resiled from the undertaking as such execution filed - Executing Court allowing landlords' petition - High Court..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Sale with condition of repurchase or mortgage by conditional sale - Interpretation of deed - Transferee put in possession in order to clear existing debt of Rs.1, 000/- and further to obtain another loan of Rs.1, 000/- and condition in deed requiring transferee to reconvey property to transferor if later repays Rs.2, 000..........
Civil Procedure Code, 1908, Order 21, Rule 54, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - In execution no separate attachment is necessary when property was attached before judgment...........
Transfer of Property Act, 1882, Section 55(6)(b) -- Buyer's right - Nature of - Buyer will have a charge on seller's interest - Buyer's charge is a statutory charge and differ from a contractual charge - Charge on property is enforceable not only against seller but against all persons claiming under him - Buyer is entitled to interest on amount of purchase money paid till..........
