Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Sanctioned in favour of adopted son - Challenged after lapse of more than 8 years - Commissioner on trivial facts entertained hopelessly time barred matter- Also observed that in absence of adoption deed on record mutation cannot be sanctioned without proof of adoption - Adoptive parents admitting factum..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution petition filed within two years of passing of decree - Notice need not to be issued to J.D...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Loan transaction - Failure to adhere with repayment schedule - Recovery suit - Agreement regarding purchase of particular machinery - Not purchased - Decree passed on appreciation of evidence - Interference not warranted...........
Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13, Civil Procedure Code, 1908, Order 15, Rule 5 -- License - Cancellation - Non payment of rent - Ejectment petition filed within 10 years from the date of completion of the building - Protection of Rent Act not available - Cancellation of tenancy for non..........
Civil Procedure Code, 1908, Order 22, Rule 2-B -(As in P&H) - L.R's - Duty to implead - Is that of the L.R's of the deceased to get themselves impleaded and not of the person who is dominus litus - In case L.R's do not get themselves impleaded in the suit then later on they cannot contended that decree is not executable against them...........
Civil Procedure Code, 1908, Section 47, Order 7, Rule 11 -- Possession suit - Filing of by judgment debtor - Plea of encroachment by decree holder in execution proceedings - Decision requires elaborate evidence and discussion - Cannot be decided in summary manner - Needs to be decided on merits - Not to be allowed on application under order 7 rule 11 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 10 years - Condonation - Defendant failed to appear despite service of summons - No reason shown for not appearing in the case despite service of summons - Sufficient cause for delay not shown - Application dismissed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent before passing of decree - Framing of an issue as to whether consent was obtained by fraud and undue influence is not required - Any party is entitled to withdraw the consent as consent should continue till the passing of decree for divorce by mutual consent...........
Land Acquisition Act, 1894, Section 31, 53 -- Indian Contract Act, 1872, Section 59 & 60 - Code of Civil Procedure, 1908, Order XXI Rule 1 - Provisions of Section 28, 31 & 34 of the Land Acquisition Act and Order XXI Rule 1 CPC are inconsistent with each other - Section 53 of the Act excludes the applicability of provision of CPC, which are inconsistent with the provisions..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Mortgage decree - Execution - property cannot b sold in lots unless decree specifically provides for same - Plea of J.D. as to sale of property in portion only for realisation of decree debt - Not tenable...........
