Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructionist in order to succeed in thwarting the execution of decree standing in favour of decree holder, must make out a claim concerning his independent right or title over suit property, over and above his possession either at the time of institution of suit or prior to that and..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of adverse possession - Petitioner not able to state any particular date as to when he entered into possession of suit property - Petitioner thus found to have no claim in the eye of law as regards his independent right nor he has right to question the decree passed in suit in which..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21 -- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first..........
Evidence Act, 1872, Section 65(b) -- Secondary evidence - Suit on basis of Will - Execution of Will admitted by defendant but plea that Will was superseded by execution of another Will - Will though admitted but it still requires proof - Plaintiff has given the basis for production of secondary evidence - Secondary evidence allowed...........
Specific Relief Act, 1963, Section 19(b) -- Specific performance - Bona fide purchasers in good faith - There is neither any pleading nor any evidence on record that defendants were bona fide purchasers - Plaintiff on the other hand specifically averred and proved that he was put in possession of entire property by way of part performance of contract on the date of..........
Will -- Three Wills executed in the years 1962, 1974 and 1978 - Will executed in 1974 duly registered - Respondent No.1 had been adopted by testator - Testator earlier annoyed with Respondent No.1 disinherited him - However, following deeper reflections and self introspections, testator decided to cancel the Will executed in 1974 and property bequeathed to Respondent No.1..........
Kerala Land Reforms Act, 1963, Section 3, Malabar Tenancy Act, 1929 -- Suit for eviction and damages for use - Ground that lease period has expired and respondent who has raised rubber estate over suit land has no right to retain possession - At time of execution of lease deed there was no plantation on leasehold land - Plantation defined u/s.2(44) of the Act existed on..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of objectors based upon two registered sale deeds - Objections be decided after framing issues and giving opportunity to parties to lead evidence in support of their stand...........
Transfer of Property Act, 1882, Section 123 -- Cancellation of gift deed - Joint family property - Plea of fraud - Defendant and his witnesses have not substantiated the case of partition and valid execution of gift deed in question by plaintiff out of his free will and consent - No explanation for presentation of gift deed for registration on commission if the plaintiff..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Decree in a suit for fixation of common boundary of properties of plaintiffs and defendants can be demarcated in an execution proceeding at the instance of defendant...........
