Civil Procedure Code, 1908, Section 96, Order 20, Rule 4(2), 5 -- First Appellate Court - Final Court of fact - Expected to give a well - reasoned judgment because parties to the suit entitled to benefit of proper discussion of the material on record based on correct view of law applicable to them - Judgment of First Appellate Court failed to discuss evidence adduced by..........
Civil Procedure Code, 1908, Section 100, 96, Order 20, Rule 5, 4(2) -- Judgment of First Appellate Court upholding judgment of trial Court - Failed to notice the issues and to record findings thereon and gives no indication that oral and documentary evidence adduced in the case was taken into consideration - No judgment in the eyes of law - Set aside - Appeal remanded for..........
Civil Procedure Code, 1908, Order 20, Rule 6 -- A and Order 34 Rule 5 - Relief granted stated clearly and in definite terms in last paragraph of judgment - Order expressing the view that last paragraph of judgment amounts to a final decree - Upheld...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Irregularity committed in the procedure in passing the decree - Does not make the decree one without inherent jurisdiction - Executing Court is bound to execute the decree as it is...........
Civil Procedure Code, 1908, Order 20, Rule 7 -- Date of decree - Period of limitation is to be computed from the date of judgment and not from the date on which decree was signed...........
Transfer of Property Act, 1882, Section 106, 107, Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Defendants occupying the premises and claiming ownership by way of adverse possession - Defendants proved to be licensees and not vacating the premises despite notice - Order for eviction passed - Defendants to pay Rs.2, 100/- p.m. as damages...........
Civil Procedure Code, 1908, Order 20, Rule 12, 18 -- Mesne profits - Partition - Preliminary decree - Executing Court can grant relief only if it is granted in the final decree - Preliminary decree is only a general declaration of rights of the parties - Only final decree can be executed - If the claim of mesne profits is neither enquired into nor made part of the final..........
Civil Procedure Code, 1908, Order 20, Rule 12, 18 -- Mesne profits - Future mesne profits - The lis gets terminated for all purposes on passing of final decree even with regard to future mesne profits - It is not open to the plaintiff to claim mesne profits beyond the date of passing of final decree unless the decree provides for such relief...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits by way of interim measure -Licensee - Suit for possession and mesne profits - Occupant not paying rent for use and occupation for a number of years - Landlady a widow having no source of income - Occupant directed to pay mesne profits by way of interim relief - Amount be calculated at prevalent market rate of..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree for possession - Execution - Obstruction - Pending obstruction application, declaratory suit by obstructor for tenancy rights - Decree holder's claim in suit for delivery of possession & mesne profits at market rate - As execution of decree for possession takes long time as such a person who is holding over the..........
