Punjab Tenancy Act, 1887, Section 88, 77 -- Execution by Revenue Authorities of decree passed by Assistant Collector under Section 77 - Section 88 leaves no scope for doubt that provisions of Code of Civil Procedure applicable to execution of decree passed in a civil suit by a Revenue Court under Section 77 - Main and only residential house not liable to attachment or sale..........
Civil Procedure Code, 1908, Section 11, 60 - - Benefit conferred by provisions of Section 60(1)(ccc) - Cannot be voluntarily or otherwise parted with - Principles of res judicata not applicable to exemption under Section 60(1)(ccc) - Second application against execution raising objection that house attached being main residential house exempt from attachment in spite of..........
Civil Procedure Code, 1908, Section 60(6), 60(1)(ccc) - - Incumbent on Executing Authority before order of attachment to satisfy himself that residential house sought to be attached not exempt from attachment and sale as required by Section 60(6) - Failure to record such satisfaction - Attachment void ab initio - Whole proceedings subsequent to attachment including sale in..........
Civil Procedure Code, 1908, Section 115, 151, Order 39, Rule 1 -- Defendant's application for grant of temporary injunction - Trial Court ordered status q o as to possession - Defendant granted temporary injunction by Appellate Court - Plea that appellate order just therefore no interference in revision - Not tenable -Order of trial Court if treated to have been passed..........
Punjab Gram Panchayat Act, 1992, Section 13V, 13I, 99 - - Errors, defects or irregularities in proceedings of Prescribed Authority : (i) Presiding Officer did not sign/initial at the end of statements of witnesses and put dates thereon, and (ii) requisite certificate "R. O. & AC not there - Does not affect merits of case - Not by themselves enough to reverse or modify..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Civil Procedure Code, Order 20 Rule 14 and Order 21 Rule 35 - Whether tenant in actual physical possession of land can be ejected in execution of preemption decree and whether pre-emptor entitled to only symbolical possession or actual possession - Tenant inducted by vendee of preemptible property - Sale successfully..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 35 -- Pre-emption decree - Rights and consequences - Title of pre emptor in respect of pre-empted property accrues from date on which payment of purchase money and costs (if any) made in accordance with Order 20 Rule 14 - Pre-emptor entitled to delivery of possession of pre-empted..........
Land Acquisition Act, 1894, Section 16, 11 -- Acquisition proceedings terminate or come to end with passing of Award or taking of possession of acquired land by Collector - Moment Collector takes possession of acquired land after making Award under Section 11, same vests absolutely in Government in terms of Section 16 and proceedings come to end - Subsequent proceedings as..........
Punjab Tenancy Act, 1887, Section 77(3)(d), 8 -- Question of title - Can be determined in Civil Court - If in order to determine question of title, ancillary question determinable by Revenue Court has to be decided - Matter still remains within competence of Civil Court - Section 77(3)(d) takes out of jurisdiction of Civil Court only that suit which is instituted to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction to prevent proposed alienation (not for benefit of family or for any legal necessity) - Cannot be granted - No right in a coparcener to maintain a suit for permanent injunction restraining manager or karta from alienating coparcenary property - Coparcener has right only to challenge alienation of..........
