Civil Procedure Code, 1908, Section 11 -- Res judicata, applicability to execution proceedings - Second application for stay of execution proceedings after dismissal of first application - Does not lie...........
Transfer of Property Act, 1882, Section 107 -- Lease deed - Signature of one of the parties - Not enough to conclude that the non-signing party has not joined in the execution of the instrument...........
Registration Act, 1908, Section 68 -- Cancellation of registration of a document, execution of which not denied and which has already been registered by Sub Registrar - No power with Registrar - Section 68 only empowers Registrar to issue directions to Sub Registrars in respect of their ministerial functions and duties...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- sub - rules 2(g) & 2(h) - Execution of Award of District Judge on a reference under Section 18 Land Acquisition Act - Entire amount awarded deposited - Court should call upon decree - holder to file calculation memo to which each of them is entitled - No question of directing judgment - debtor to file a calculation memo -..........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 105, 107 -- Lease - Decree of eviction of lessee of plot of land - Execution - Lessee had erected structures on suit land and inducted licensees or sub-lessees - Execution of decree obstructed by licensees/sub-lessee - No privity of contract between lessors and sub-lessees - Law..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction of tenant - Obstruction to execution of decree by sub-tenants on ground that there was attornment of tenancy of obstructions by landlords - Letters referred to as letter of attornment was not addressed by landlords to each and every obstructionist - Moreover, contents of letters were factually incorrect and were not..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction decree - Execution - Landlords executed sale deed in respect of land - Sub tenants obstructed execution - Vendee claiming under sale deed took out obstructionist notice - There was a specific reference to the eviction decree obtained by vendors/landlords, in the agreement of sale as well as in the sale deed - Plea..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Eviction decree - Execution - Filed by widow of deceased-decree holder - Plea that she was not competent to file application for execution as she was only appointed as a Court Receiver and was not `acquainted with facts of case' - Widow had deposed on behalf of landlord and it was on her evidence that suit had been..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Eviction of tenant - Execution - Obstruction by sub tenants - During pendency of suit, Court Receiver appointed to accept rent without the receivers tenure being expressly defined - In the absence of specific order of discharge of receiver at the time of disposal of suit by Court, though receiver may be answerable to the..........
Evidence Act, 1872, Section 67, 45, 47 -- Eviction of tenant - Execution of decree - Sale deed executed by landlords transferring property - Execution obstructed by sub tenants - Obstructionists relying on rent receipts alleged to have been executed by Landlords in their favour in respect of structures on the suit property - Vendee of said property had specifically denied..........
