Land Reforms Act, 1961, Section 22, 142 -- Person in occupation of land as a tenant not to be evicted except on grounds enumerated - Decree for possession of suit land obtained in 19S8 stood nullified as respondent in possession on the date of Act coming into force in 1965 - Execution had taken place in 1967 - Eviction was clearly in violation of Section 22(1) of the Act -..........
Civil Procedure Code, 1908, Section 47 -- Executing Court cannot travel beyond the order or decree under execution - Interest not part of decree - Grant of interest by executing Court is beyond its jurisdiction and is a void order...........
Civil Procedure Code, 1908, Order 21, Rule 22, 54(1 -- A), 66(2) and 90 - Auction sale - Setting aside - Proceedings under Rule 90 are independent proceedings - Notice of execution given to J.D. under R.22 - Advocate appeared on his behalf and took adjournment to file counter but subsequently both J.D. and his counsel absent - Sale held ex parte - Property sold was..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2(a), 6(2) -- Recognised agent - Includes General Power of attorney holder - When plaintiff's Advocate himself files GPA, Court is bound to take note that execution and authorisation by plaintiff is prima facie established - Reason for appointing GPA to prosecute litigation irrelevant - Court cannot probe into propriety or..........
Civil Procedure code, 1908, Order 1, Rule 10 -- Some of the members of Society challenged the execution of some of the sale deeds - Applicant seeking impleadment as plaintiff on the ground that she is a member of the Society - It is not the case of the applicant that plaintiffs are not pursuing the case diligently or properly - Court has acted with patent illegality and..........
Evidence Act, 1872, Section 90 -- Registered document coming from the custody of a proper person and document 30 years old - There is presumption of its due execution and attestation - Document is admissible in evidence...........
Specific Relief Act, 1963, Section 34 -- Power of attorney - Transferred land in favour of his wife by playing fraud upon the appellant - Appellant demanded from respondent return of her power of attorney before execution of sale deed - Held, that having been defrauded, the appellant was entitled to lay the suit for declaration of title and other reliefs in the suit...........
Will -- Mere presence of beneficiary at the time of execution of the Will is not a ground to hold that he prevailed upon the Will of the testator...........
Evidence Act, 1872, Section 67, 68, 69, 70, 71, 72, 73 -- Sale deed - Proof - Attesting witness or any other witness proving execution of sale deed not examined - Relevant register of Registration Authority also not produced - Mere marking of document as exhibit not sufficient to dispense with the proof - Sale deed is not proved...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Wrongful dispossession - Possession to be restored - Compromise decree of eviction obtained against person who is not real tenant and in guise of execution of such decree real tenant is dispossessed and premises demolished, Court is competent to direct that premises be reconstructed and restored to real tenant or that..........
