Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Himachal Pradesh Land Revenue Act, 1954, Section 35, 36, 37, 38 -- Mutation of Gift - Delivery of possession a precondition for sanctioning mutation of gift - Gift of land cannot be deemed complete unless and until possession delivered - Revenue Officer must satisfy himself that possession of land transferred in..........
Punjab Co-operative Societies Act, 1961, Section 63, 56 -- Execution in Civil Court of Award obtained by Central Co-operative Bank against Cooperative Society - Request made in execution proceedings that decretal amount be recovered by sale of property belonging to persons named - Objection accepted that decretal amount could not be recovered from property of named persons..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 47, Rule 1 - - Order 20 Rule 14 imposes obligations on both sides, performance by one conditional on performance by the other - Obligations reciprocal and interlinked and cannot be separated - Defendant vendee if obtains stay order and relieved of obligation to deliver possession of properties..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Contemplates a stage in execution proceedings when matter lies only between judgment- debtor and decree-holder and no other interests have come into being - Once a sale effected a third party's interest intervenes which cannot be disregarded - Court cannot refuse to confirm a sale duly held on the ground that decree-holder..........
Will -- Validity of - Special requirements of attestation prescribed by Section 63 Succession Act - Suspicious circumstances - Merely because one of the beneficiaries present at the time of execution of Will - Cannot be said that he took part in execution of Will - Fact that beneficiary paid certain amount towards his share of expenses incurred in execution of Will - On..........
Civil Procedure Code, 1908, Order 21, Rule 66(2)(a) - - Only so much of property should be said which can satisfy decree and not whole of it - Judgment-debtor owned only one Killa of land and in execution of decree for principal sum of Rs. 280/- plus interest and costs auction sale of whole land for Rs. 1,000 - Auction sale set aside...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99 - - Application by third person not a party to decree to Executing Court for staying dispossession till determination of his claim for ownership or possession of property in dispute - Not competent - First he has to surrender possession - Cannot seek same relief by application under Section 151 - Executing..........
Punjab Pre-emption Act, 1913, Section 4 -- Plaintiff-pre-emptor required to maintain his qualification upto date of passing of decree by Trial Court - Need not retain his superior right of pre-emption till hearing of appeal by vendee - Pre-emption decree on the basis of tenancy - Subsequent order of ejectment against plaintiff-pre-emptor and in execution thereof vendees..........
Civil Procedure Code, 1908, Section 47 -- Execution proceedings - Question whether proper compliance of provisions of Order 1 Rule 8 or not - Executing Court cannot go into...........
Civil Procedure Code, 1908, Section 47 -- Execution proceedings-Validity of decree can be challenged only on the ground that Court which passed decree lacking in inherent jurisdiction (i. e. Court lacking in jurisdiction in respect of subject matter of suit or over parties thereto) - Objection should appear on the face of record - Where objection as to jurisdiction does..........
