Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections by a stranger - Decree for declaration of title - Land of petitioner is different from land against whom decree has been passed in the suit - Prayer to declare right, title and interest over suit land concerning title suit does not arise, as execution of decree concerning title suit..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by third party - Application filed by obstructor U.O.21.R.97 CPC claiming himself to be in possession of property in dispute, would be maintainable and same should be decreed on merits even if no application is filed by DH to Court complaining regarding obstruction in obtaining possession of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by third party - Whenever an obstruction or resistance is made by any person whomsoever in the execution of decree by the decree-holder, the Execution Court is under obligation to adjudicate the right, title or interest of the obstructionist/resister in the manner prescribed under Rules 98 to..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101 -- Execution - Objections - Where Executing Court on objections being taken by objector finds that objections need to be decided, it has to frame issues and decide objections as if a separate suit...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenant/stranger - Stranger is entitled to raise his objection before he lost his possession to DH in accordance with scheme of O.21.R.97 CPC and preceding Rules thereof...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Sub-tenants who are claiming under JD/tenant are not entitled to question validity of decree passed - Executing Court is not obliged to determine a question U.O.21.R.101 CPC, merely because resistor raised it...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Restoration of application U.O.21.R.97 CPC dismissed in default - Application filed on the pretext that counsel was ailing - No evidence, as such, placed on record in support of their contention - It cannot be ruled out that recourse to application U.O.21.R.97 CPC was adopted to install execution proceedings..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Objection raised by occupant of immovable property - Executing Court required to conduct full-fledged inquiry into issues raised by objector, which includes leading evidence by party...........
