Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection - Order passed for implementing mandatory injunction along with restitution in the form of damages - Such an order cannot constitute an Order U.O.21.R.97 CPC and is clearly an order u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 97, 99, 100 -- Execution - Eviction decree - Third party objection - No privity of contract between DH and appellant with regard to tenancy in respect of disputed shop - Relationship between lessor and lessee between DH and JD was established - Appellant is a third ranked party in respect of landlord-tenant..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 26, Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections - Dismissal of application - Eviction decree - Petitioner resisting execution of decree by way of said application by taking up a ground which was not his defence before Rent Controller - Executing Court rightly held that..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Third party objections - Third person is not entitled to file an application U.O.21.R.97 CPC, as said application may be filed by a DH in event of execution of decree is resisted or obstructed by any person obtaining possession of property...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Where Executing Court, without going into merits, declines to adjudicate upon lis between parties under O.21.R.101 read with Rule 97 and Rule 98 CPC on the ground of non maintainability of the application, such order passed by executing court can not be deemed to be a decree..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Eviction decree - Objection by sub-tenant - Sub-tenant though established his exclusive possession, but failed to establish payment of rent to original tenant - Payment of rent is essential element of lease or sub-lease - In the absence of same, no tenancy or sub tenancy can be proved - Objection rejected...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of change of neighbours or occupation of particular house by some other person, whose description is given in the property, actual physical existence of property cannot be denied...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Issuance of warrant of possession to DH - Merely on account of some variance in measurement of total area, it cannot be assumed that DH has no right for execution of a decree and others can raise objection to take benefit of it...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner failed to establish his possession over suit property on basis of unregistered agreement to sell or that said agreement contains any clause of transfer of possession - Agreement which does not even reflect transfer of possession of suit property, cannot entitle petitioner for..........
