Punjab Tenancy Act, 1887, Section 77(3) -- Averment in plaint that plaintiff a tenant of the land in suit - Categorical denial by defendant of plaintiff's tenancy - Jurisdiction of Civil Court to entertain and try suit for possession - Not barred - Civil Procedure Code (5 of 1908), Section 9...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Authorities constituted under the Act acted without jurisdiction - Suit in Civil Court - Not barred - Civil Procedure Code (5 of 1908), Section 9...........
Civil Procedure Code, 1908, Section 144 -- Mandatory - Duty of Court when a decree has been reversed to cause restitution so as to place parties in their previous position - Pre-emption suit decreed and vendee's first appeal dismissed - Pre-emptor got possession of land in execution of preemption decree - Vendee's second appeal accepted and suit of pre-emptor dismissed -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Symbolic possession delivered in execution of decree-Decree deemed to hare been satisfied - Second execution application for actual possession - Does not lie - Fresh suit for actual possession - Not barred by Section 47 - Remedy for decree-holder after delivery of symbolic possession - By way of a fresh suit and..........
Civil Procedure Code, 1908, Section 115 -- Order appealable - No appeal filed Application u/s 151 filed to the same Court but rejected - No revision lies thereto - Held, that as in the present case the petition did not came up to this Court against the order striking out the written statement but he filed an application under section 151 CPC which was completely..........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 47, Rule 4 -- Revision to High Court u/s 115 only if no appeal to High Court lies thereto Appeal against an order when lies to the District Court and to the High Court, revision against the said order before the High Court is maintainable and cannot be rejected as incompetent - Held that `Now..........
Civil Procedure Code, 1908, Section 149, 148, Order 7, Rule 11 -- Appeal - Provisions of Order 7 Rule 11 equally applicable to appeals as to a plaint in a suit - Appellant has a right to make up deficiency of Court-fee on memorandum of appeal and its accompanying documents - Sections 148 and 149 equally attracted to appeals presented to High Court or Courts below as also..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4), 4 -- Encroachment on public place - Removal of - No action taken by Gram Panchayat - Suit in Civil Court by some of the villagers - Locus standi to sue - Section 91 Civil Procedure Code applicable - Suit neither filed by Advocate-General nor consent obtained of Advocate-General in writing before filing of..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Possession can be taken even if no application for restitution of possession under Section 144 - Section 144 one of the modes of restitution of possession - Possession can be taken by other legal means - Suit for possession decreed - Possession of suit land taken - Appeal accepted and decree of trial..........
Civil Procedure Code, 1908, Section 11 -- Explanation IV - Interpretation and scope of - Pleas which ought to have been raised in the former suit - Explained.
The pleas that will make a suit bad for multifariousness or the pleas that will arrest the trial thereof, or the pleas the evidence in support of which is such as might be destructive of other pleas, or the pleas..........
