Punjab Co-operative Societies Act, 1961, Section 63, 549, 55, 56, 82 -- Decree-holder Co-operative Society filed application before Civil Court for execution of Award - Judgment-debtor filed objection that Award was a nullity as it had been passed without notice to him and consequently inexecutable - Disputed question of service of notice (by Arbitrator on judgment-debtor)..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 15, 10, 9, 5, 7 -- Order of Collector or Commissioner under the Act - Final and cannot be called in ques tion in any original suit, application or execution proceedings and no injunction can be granted by any Court - Jurisdiction of Civil Court excluded in respect of matters which Authorities..........
Punjab Tenancy Act, 1887, Section 50 -- Scope of - Tenant if ejected in execution of decree - Case falls within ambit of Section 50 - Matters little that at a subsequent stage decree was set aside - Determining factor - Whether tenant is dispossessed pursuant to execution of a decree - Section 50 would not stand in the way of suit filed by tenant...........
Civil Procedure Code, 1908, Section 47(2) -- Right of party to litigation to have its suit tried as execution proceeding or vice versa - Substantive right and not a mere right relating to procedure - Effect of deletion of sub-section (2) of Section 47 by Civil Procedure Code (Amendment) Act, 1976 on pending suits - Substantive rights of litigants preserved by Legislature..........
Punjab Co-operative Societies Act, 1961, Section 56 -- Award against a person not a member of Co-operative Society - Without jurisdiction and as such a nullity - Inexecutable - Can be challenged in execution proceedings - Not necessary to challenge Award only in a Civil Court - Co-operative Society applied to Civil Court for execution of Award - Objection of being not a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ejectment decree obtained by landowners from Revenue Court against tenant-Correction of Khasra Girdawari entry showing tenancy in favour of son of tenant - Suit by son of tenant for permanent injunction restraining landowners from interfering in his possession of land on the ground that Revenue Court had held him to be..........
Punjab Tenancy Act, 1887, Section 84 -- Revision - No appeal filed against ejectment order - Ejectment order became final - Execution of ejectment order - New plea - Cannot be taken...........
Civil Procedure Code, 1908, Section 11 -- Execution proceedings - Principles of res judicata - Applicable...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 9A -- Tenant's ejectment ordered on the ground that landowner was small landowner but tenant not to be dispossessed until resettled - Landowner sold the land - Land offered to tenant for resettlement but declined upon which allotment cancelled - Execution proceedings for ejectment of tenant - Transferee cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Plaintiff's possession of land not disputed - Threatened dispossession in execution of order validity of which challenged - Prim a facie case to warrant issuance of interim injunction...........
