Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by a stranger are maintainable - All the disputes between a third party and decree holder must be decided in the execution proceeding itself...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Stay of execution during pendency of application U.O.21.R.97 - Executing Court is competent to grant stay of execution under section 151 CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree based on khasra girdawari entries - Khasra girdawari entries ordered to be corrected - Held, J.D. is entitled to raise objection that decree has become unexecutable on the ground that the decree holder has lost the status on which the decree was based - Contention repelled that any subsequent order or change in..........
Consumer Protection Act, 1986, Section 17(b) -- Revisional Jurisdiction - Deposits - Non-payment of maturity amount - Complaint - Decreed by the District Forum vide order dated 22.1.2001 - Non-compliance of order - Filing of Execution - District Forum, while observing that it does not have any paraphernalia to keep the properties under attachment, sending the decrees to..........
Agreement to sell -- Suit for specific performance - Vendor was to execute sale deed after decision of a suit in his favour filed by his brother and sister - Suit decided in favour of vendor but vendee not informed - Vendee knowing about decision of suit and approaching vendor for execution of sale deed - Failure of vendor to perform his part of agreement - Held, delay..........
Plot allotment -- At the time of possession it was found that the area of the plot was 545.83 sq.yards instead of 550 sq. yards - On this account conveyance deed could not be executed - District Forum directed refund of the price of the reduced area with interest @ 15% p.a. - No order was passed regarding execution of the conveyance deed - Directions issued that conveyance..........
Housing -- Plot allotment - Execution of conveyance deed - Respondent-HUDA reducing the area of the plot allotted to the petitioner by 4.17 sq. yards at the time of the delivery of possession - On this account conveyance deed could not be executed - Complaint filed for deficiency in service - District Forum directing refund of the price of the reduced area with interest..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - No specific date fixed for execution of sale deed but the same was to be executed within six months of sanctioning of mutation in favour of vendor - Limitation would commence from date of sanction of mutation...........
Will -- Suspicious circumstance - Uneven distribution of assets amongst children, by itself, cannot be taken as a circumstance causing suspicion surrounding the execution of the will...........
Will -- Execution proved by attesting witnesses - Presumption cannot be drawn against the defendants for not having filed other admitted documents of testator for purpose of comparing her signatures on the will...........
