Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Sub-tenants who are claiming under JD/tenant are not entitled to question validity of decree passed - Executing Court is not obliged to determine a question U.O.21.R.101 CPC, merely because resistor raised it...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
Civil Procedure Code, 1908, Order 21, Rule 11, Limitation Act, 1963, Article 136 -- Execution petition - Limitation - Begins to run from date of decree and not from date when decree is actually drawn up and signed by Judge - DH does not have benefit of exclusion of time taken for obtaining certified copy of decree...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected when it is a matter of trial as to whether plaintiff is entitled to a decree of possession and other reliefs sought in the plaint...........
Civil Procedure Code, 1908, Section 47 -- Execution - Money decree - Objection by JDs - Objection raised by JD in regard to non-registration of reconstitution of partnership deed does not fall within definition of `questions' as contemplated u/s 47 CPC - Rejection of execution petition set aside - Execution petition restored...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Decree of divorce by mutual consent challenged u/s 151 CPC on the ground that it was obtained by fraudulent manner - Application for maintenance pendente lite is maintainable in such proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife seeking maintenance pendente lite during pendency of appeal filed against decree of divorce granted in favour of husband - Wife remarried - Wife did not specifically contradict the factum of her second marriage - Wife has lost her valuable right of maintenance pendente lite...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Respondent repeatedly filed vexatious suits and petitions against petitioners - Further respondent was attempting to make mockery of the very judicial system - In case litigants like respondent is permitted to achieve their objective in delaying execution of a decree passed by Court,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Compliance of S.17 Proviso of 1887 Act is a pre-condition for maintainability of application U.O.9.R.13 CPC - Requirement u/s 17 Proviso of 1887 Act is neither hyper technical or pedantic but same is requirement of law...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Suit for possession, rent and mesne profit - Tenant neither deposited entire amount as payable by him nor there was any previous application seeking permission of Court to give security, on the date when application U.O.9.R.13..........
