Civil Procedure Code, 1908, Order 41, Rule 33 -- Subsequent purchaser - Not bonafide purchaser without notice - When trial Court erred in not declaring sale in favour of subsequent purchaser void as well as in not directing him to join in the execution of the sale deed in favour of the plaintiff; it is a technical defect which can be corrected by Appellate Court under..........
Will -- Execution - Proof - It is the conscience of the Court which should be satisfied...........
Will -- Execution & attestation-is a finding of fact-cannot be interfered with in second appeal...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Property sold in execution - cannot be sold again at the instance of decree holder who had attached it before it was actually sold - on a judicial sale all previous attachments effected upon the property fall on the ground - Auction purchaser takes the property free from any attachment...........
Civil Procedure Code, 1908, Section 60 -- `liable to sale' - meaning - If after attachment of a decree it is sold in auction in execution of another decree, the property is not `liable to sale'...........
Specific Relief Act, 1963, Section 6, 41, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) - - Temporary injunction preventing dispossession of plaintiff- Word "threatens" in clause (c) implies a wrongful act on part of defendant and taking the law into his own hands-Defendant when seeks to recover possession through judicial process by way of execution of a..........
Execution of decree -- objections to sale of property claiming benefits of proviso (c) to S.60(1) CPC filed only after order for sale and not earlier - barred by res judicata...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance on the basis of Will - Dispute between u, registered Will and registered Will - Un - registered Will executed subsequent in point of time- Mere recital in u, registered Will that registered Will had been cancelled - Cannot conclusively prove execution of u, registered Will - Only goes to prove..........
Civil Procedure Code, 1908, Section 148A -- Caveat - Can be applied to appeals, first, second, execution or any other appeal filed under the CPC or any other enactment - 1987 Civil Court Cases 162 (Allahabad) Overruled...........
Punjab Tenancy Act, 1887, Section 77(3)(n), Haryana Ceiling on Lands Holdings Act, 1972, Section 12 -- Vesting of surplus area declared under Punjab Security of Land Tenures Act - Provided by Amendment of Act in 1976- Rent decree for rent due for crops Kharif 1971 to Rabi 1974 passed in 1976 (before Amendment of Act in 1976) and became final as no appeal filed - Execution..........
