Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 105, 107 -- Lease - Decree of eviction of lessee of plot of land - Execution - Lessee had erected structures on suit land and inducted licensees or sub-lessees - Execution of decree obstructed by licensees/sub-lessee - No privity of contract between lessors and sub-lessees - Law..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction of tenant - Obstruction to execution of decree by sub-tenants on ground that there was attornment of tenancy of obstructions by landlords - Letters referred to as letter of attornment was not addressed by landlords to each and every obstructionist - Moreover, contents of letters were factually incorrect and were not..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction decree - Execution - Landlords executed sale deed in respect of land - Sub tenants obstructed execution - Vendee claiming under sale deed took out obstructionist notice - There was a specific reference to the eviction decree obtained by vendors/landlords, in the agreement of sale as well as in the sale deed - Plea..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Eviction decree - Execution - Filed by widow of deceased-decree holder - Plea that she was not competent to file application for execution as she was only appointed as a Court Receiver and was not `acquainted with facts of case' - Widow had deposed on behalf of landlord and it was on her evidence that suit had been..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Dismissal of application for setting aside ex parte decree solely on the ground that application barred by time - Court did not pass any order on application for condonation of delay in filing application under Order 41 Rule 21 - Order dismissing application for setting aside ex parte judgment and decree - Set aside...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- No application is required to set aside sale on ground of non compliance with the provision...........
Civil procedure Code, 1908, Order 21, Rule 85 -- Deposit of purchase amount - Deposit with the person who conducted auction - Cannot be termed as `deposit into the Court' within the meaning of the provision...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Purchase amount deposited with the person who conducted sale - Not a `deposit into the Court' within the meaning of the provision - Sale confirmed - Held, it is an invalid confirmation - Confirmation of an invalid sale would not render such sale to be valid...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 - - Mandatory injunction decree, execution of - Objection of satisfaction of decree - Gram Panchayat directed to correct alignment of passage - Earlier objections dismissed holding that though symbolic possession delivered but decree with respect to alignment of passage yet to be executed - Another set of objections..........
Civil Procedure Code, 1908, Order 21, Rule 90(2) -- Auction sale - Inadequate price - Amounts to `substantial injury' - The endeavour of the Courts shall be to obtain adequate price for the property put in for sale...........
