Collusive decree -- Challenged being null and void - Property not ancestral in the hands of person who suffered the decree - Decree not challenged by him during his life time - Held, when person who suffered the decree did not challenge the decree being obtained by fraud then this ground is not available to the plaintiff after his death...........
Civil Procedure Code, 1908, Order 21, Rule 66, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Exparte decree - Execution - Sale of property during pendency of application to set aside ex parte decree - Held, once there is an application for stay of execution proceedings in an application for setting aside ex parte decree, trial Court should not proceed to sell..........
Insurance claim -- Loss of ornaments in robbery - Repudiation on the basis of police action and Surveyor's report though the value of lost Jewellery assessed at Rs. 28,137/- by the Surveyor - Claim decreed by the District Forum for Rs.30,000/- - Held that appellant liable to pay the claim as assessed by the Surveyor - The payment will be paid interest @9% from the date of..........
Punjab Tenancy Act, 1887, Section 42(a), 43, 44, 76, Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment ordered under Section 42(a) read with Section 44 and Section 76 Punjab Tenancy Act - Provisions contained under Punjab Security of Land Tenures Act not applicable - Revenue Officer competent to order ejectment under Punjab Tenancy Act - Under Punjab..........
Punjab Security of Land Tenures Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 42(a), 43, 44, 76 -- Non-obstante clause contained in Section 9 of Punjab Security of Land Tenures Act - Does not affect institution of proceedings under Sections 42(a), 43 and 44 Punjab Tenancy Act for ejectment of tenant because he failed to satisfy decree inspite of notice given to..........
Punjab Tenancy Act, 1887, Section 77, Punjab Security of Land Tenures Act, 1953, Section 9 -- Simply because a tenant did not pay the rent - No ejectment application can be filed against him under Punjab Security of Land Tenures Act - Only remedy available to a landlord - To file a suit for recovery of rent under Section 77 - Revenue Court can pass a decree against tenant..........
Punjab Tenancy Act, 1887, Section 76, 77 -- Section 76 provides for filing of application for initiation of proceedings before Revenue Officer for taking cognizance of any such dispute with respect to which no other Court shall take cognizance - Clause (c) of sub-section (1) of Section 76 provides for filing of application before Revenue Officer by a landlord under Section..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Respondent wife a case of a caratonia schizophrenia - Remained admitted as indoor patient for two months in Psychiatry department of PGI Chandigarh - Deposition of husband that respondent wife misbehaved in an odd manner and she preferred to live with her parents - In cross-examination she admits that she has two..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Section 25 of the Act regarding permanent alimony is applicable at the time of passing any decree or at any time subsequent thereto - The decree for divorce being passed in the present case, the appellant wife held entitled to the maintenance under Section 25 of the Act...........
Transfer of Property Act, 1882, Section 53 -- Immovable property transferred by way of collusive decree during the pendency of suit for recovery of loan amount of Rs.1500/- - Transferor and transferee real brothers and decree passed in just four days - Transferee cannot be said to be transferee in good faith - Transfer of immovable property made with an intention to defeat..........
