Civil Procedure Code, 1908, Section 141, 100, 47, Order 21, Rule 2 -- Procedure provided in the Code applicable in all proceedings of civil jurisdiction - Does not apply to execution proceedings...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Decree must be varied or reversed Duty and powers of court in interpretation - Held, that the word `restitution' used in S.144 of the CPC, connotes restoration to a party, on the variation or reversal of a decree, what has been lost to him in execution of the decree or directly in consequence of that decree, through..........
Civil Procedure Code, 1908, Section 144, Order 21, Rule 11 -- For restitution application no specific form is provided, a prayer simpliciter of the recovery of the property lost to the applicant is an adequate compliance - O.21.R.11 CPC comes into play when regular execution proceedings are taken...........
Civil Procedure Code, 1908, Order 21, Rule 15, 17 -- Joint Decree Holders - Execution by one on behalf of all is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 95, 47 -- Question as to delivery of possession to auction purchaser relates to execution, discharge and satisfaction of the decree within the meaning of S 47 CPC...........
Punjab Security of Land Tenures Act, 1953, Section 9A, 14A -- Conditional order of ejectment of tenant i. e. tenant to be dispossessed as soon as accommodated on surplus area - Till settlement on surplus area deemed to be tenant of landlord - Status of tenant will not change on mere passing of conditional ejectment order - Punjab Pre-emption Act (1 of 1913), Section..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Decree of ejectment passed against tenant - Status of tenant comes to an end - To be considered trespasser from date of ejectment decree. When a decree of ejectment is passed against a tenant, his status as a tenant comes to an end. In other words, from that day, he will be considered to be a trespasser. If he does..........
Words and Phrases -- Trespasser - Who is.
A trespasser is a person, who, if he does not leave the land on his own, can be thrown out of possession by the process of law, i.e. by taking out execution of the decree for his ejectment...........
Punjab Security of Land Tenures Act, 1953, Section 17A(1) -- Interpretation of - Pre-emption suit - Vendee who does not plead his tenancy and suffers pre - emption decree to be passed - Plea under Section 17 - A can be raised in executio, Bar of res judicata in Explanation IV to Section 11 Civil Procedure Code not applicable - Section 17 - A creates a statutory bar to the..........
Punjab Security of Land Tenures Act, 1953, Section 17 -- A(1) - Query - Pre-emption suit - Vendee - tenant specifically pleading bar of Section 17A - Court on evidence finds that vendee is in fact not a tenant and a decree for pre - emption passed - Whether vendee can again plead bar of Section 17 - A in execution proceedings - Effect of Explanation IV to Section 11 Civil..........
