Civil Procedure Code, 1908, Section 47 -- Execution - Partition suit - Compromise decree - Objection as to inexecutability of decree - Compromise decree cannot be said to be inexecutable merely because property which came to defendant's share is possessed by some persons, who were not party to suit - Objection raised by defendant regarding executability of decree is..........
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 101 -- Execution - Eviction decree - Objection by sub-tenant/stranger - Stranger is claiming under JD/tenant, thus, no formal adjudication is warranted as per scheme of O.21.R.101 CPC...........
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, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
Civil Procedure Code, 1908, Section 47 -- Execution - Money decree - Objection by JDs - Objection raised by JD in regard to non-registration of reconstitution of partnership deed does not fall within definition of `questions' as contemplated u/s 47 CPC - Rejection of execution petition set aside - Execution petition restored...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Settlement - Objection by JD - If parties have settled their differences and executed agreement, satisfaction of decree has to be certified in the manner indicated U.O.21.R.2 CPC - In the absence of any certification of satisfaction of decree, JD cannot object execution of decree pointing out settlement between..........
Agreement to sell -- Specific performance - Agreement recites that loan is advanced to defendants, which they shall return after selling land for which plaintiff will have no objection - But if defendants failed to return the loan amount, plaintiff can get execution sale deed - It is thus, not a agreement to sell simpliciter - Agreement primarily is security for..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Purchaser of property which was subject matter of suit, cannot resist execution of decree, if purchase was during pendency of litigation, as O.21.R.102 CPC bars such objections...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - When resistance or obstruction is offered by a transferee pendente lite, it is explicit from reading O.21.Rr.98, 99, 101, 102 CPC, that scope of adjudication ought to be confined only to question whether person who resist or who was dispossessed was a transferee during..........
