Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Raised in judgment and decided against the applicant - Those questions cannot be re-agitated in execution...........
Civil Procedure Code, 1908, Section 47, 152 -- Execution - Wrong description of area - Decree of specific performance - 0.74 acres or 0.74 decimal (0.74 decimal comes to about 35 square yard) - Land sold for agricultural purposes - 35 square yards is not sufficient even for constructing a house - Wrong description of area was merely inadvertent error of typing - Such error..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Execution by father in favour of minor daughter - Acceptance can be presumed - Acceptance of gift can only be made by father as the guardian of the minor and when he himself executes the document, the acceptance can be presumed...........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Uncertified payment - Gives an independent right to J.D. to seek for recovery but it cannot be made a subject of discharge or set off for the J.D. against the D.H...........
Landlord and tenant -- Injunction suit by tenant restraining landlord from forcibly evicting him - If it is held that tenant has got no right then landlord need not file separate suit for eviction of tenant - Landlord may seek eviction of tenant in execution of the decree passed in the suit in question itself...........
Agreement to sell -- Specific performance - Subsequent sale of property - Only consideration in the suit is whether subsequent purchasers were bona fide purchasers for value without notice or not - After conveyance question of readiness and willingness of vendee is not relevant - Subsequent purchasers failed to discharge their burden to prove that they are bona fide..........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Setting aside ex parte order - In an execution proceeding after passing through all those stages pursuant to sale and delivery of property belonging to J.D., effected in compliance of the rules and formalities thereunder is over, any application moved by J.D. with reference to non receipt of a notice U.O.21.R.22..........
Civil Procedure Code, 1908, Order 21, Rule 26, 22 -- Execution proceedings - Delivery of properties - Requirement of notice - Held, unless execution of decree is beyond two years of passing of same, no notice to judgment debtors is necessary for effecting delivery in pursuance of decree of civil Court - O.21 CPC does not contemplate prior giving of notice to judgment..........
Will -- Execution - Will changes the course of succession - Will should be proved beyond reasonable doubt...........
Specific Relief Act, 1963, Section 28 -- Rescission of agreement of sale - Application u/s 28 of the Act can be made only before the Court which passed the decree and not in an execution proceedings...........
