Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction order - Obstructor claiming to be in possession in his independent right of tenancy - No rent receipt or documentary evidence produced - Rent, if not accepted by landlord, not deposited in Court - Merely because of the original rent note executed between D.H. & J.D. being in the hand of obstructor does..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Agreement to sell with tenant - Tenancy of first floor only - On execution of agreement to sell rent was reduced to Rs.75/- and in case of default it was to be Rs.150/- - Sale deed not executed - Rent of Rs.150/- was not for the first floor alone but was for the entire building - Dismissal of eviction..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Money decree - Auction of property of JD in execution of decree - JD filing application for setting aside sale U.O.21.R.90 CPC - Application dismissed - Held, JD can challenge the sale u/s 47 of the Code even after dismissal of petition U.O.21.R.90 of the Code...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - Petition dismissed on receipt of a letter by post requesting dismissal of execution petition - Order dismissing execution proceedings is per se an order which is based on such material which is not liable to be looked into and, therefore is non est - Execution restored from date on which it was..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 35, 97 -- Delivery of possession in execution of decree - Suit for declaration of title and possession and permanent injunction filed by the society - Compromise affected between the society and defendant therein - Right, title and interest of society over the land was accepted - Suit decreed as per compromise - After..........
Civil Procedure Code, 1908, Section 47 -- Execution - Dismissal on technical ground that all legal representatives of decree holder not made party to execution petition - Not a bar for fresh execution...........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution petition - Dismissal for default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Mandatory injunction - Disobedience - Property of J.D. attached - Attachment shall not remain in force for more than one year - After one year, if disobedience or breach continues, attached properties may be sold and compensation as determined by Court may be awarded to D.H. - No evidence that J.D. continued violation of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution - Dismissal for default - Restoration - Where application is filed in time and sufficient cause is shown for non appearance of decree-holder on day of hearing, Court can restore dismissed petition to file - Such restoration does not amount to fresh execution and question of limitation therefore..........
Civil Procedure Code, 1908, Order 21, Rule 57, 58, Civil Procedure Code, 1908, Order 38, Rule 5 -- Execution - Dismissal for default - Effect on attachment made by Execution Court and Attachment before judgment - Dismissal of execution for default will remove only attachment made by Execution Court - However, attachment before judgment would continue without being affected..........
