Civil Procedure Code, 1908, Order 22, Rule 12 -- Execution - J.D.died prior to filing of execution petition - Decree is executable by bringing his legal representatives on record...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6, Specific Relief Act, 1963, Section 34 -- Suit for a mere declaration - Plaintiff entitled to further relief of mandatory injunction - Failure to claim - Suit not maintainable as a mere declaratory decree not executable - Suit for declaration that plaintiff a bona fide auctio, purchaser of trees standing in..........
Civil Procedure Code, 1908, Section 47 -- Plea that objector a direct tenant under mortgagor - decree-holder and therefore decree a nullity and not executable - Can only be raised in the suit - Not open to Executing Court to hold decree as inexecutable when tenancy alleged to be from the period prior to filing of suit...........
Punjab Co-operative Societies Act, 1961, Section 55, 56 - - Award - Mast be supported by reasons - Cryptic award - Not a speaking award - Nullity - Arbitrator must set out : (1) items of dispute, (2) decisions thereon, (3) reasons for those decisions - Arbitrator acts as a quasi-judicial tribunal- Decision must contain particulars and grounds or reasons on which it is..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Decree of Civil Court declaring a person as owner of land - No mutation entered on the basis of Civil Court decree regarding ownership of land - Does not affect ownership - Objection that since decree passed by Civil Court not executed therefore rights in land lapsed - Not valid as decree passed in accordance with..........
Court Fees Act, 1870, Section 7(iv)(c) -- Mortgage by father of joint Hindu family property - Mortgagee obtained decree against mortgaged - property - Suit by sons for declaration that mortgage null and void and ineffectual against them - Essentially suit for setting aside the decree or for consequential relief of injunction restraining the decree - holder from executing..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Tenant of entire land purchased only a particular share - Subsequent sale by co - vendees to tenant during pendency of pre - emption suit - Cannot be considered sale of entire tenancy area in favour of tenant by applying principle of substitution. From the bare perusal of the provisions of Section 17-A of the Punjab..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Matter extraneous to the suit included in the compromise decree not invalid - Executable as to the subject matter of the suit...........
