Ejectment -- Suit for ejectment after death of original tenant - Necessary parties - Effect of non-impleadment of all heirs of tenant - Suit for ejectment filed against wife of tenant - Minor children not impleaded as party - Suit decreed - Decree challenged by children on attaining majority on the ground that they being necessary party, having not made parties, decree not..........
Land Acquisition Act, 1894, Section 4, 6, Forest (Conversation) Act, 1890, Section 2 -- Forest Land - Notification for acquiring land - Challenged - Relying on Apex Courts judgments in Supreme Court Monitering Committee (1997) 11 SCC 605 & T.N. Godawarman Thirumulkpad etc. AIR 1997 SC 1228 it is contended that land developed as forest could not be used for other purpose..........
Specific Relief Act, 1963, Section 20 -- Exercise of discretion as to decreeing specific performance - Whether disceretion could have been exercised in law by Court - Is a substantial queston of law - Rajeshwari's case (2005) 7 SCC 60 relied...........
Mesne Profits -- Code of Civil Procedure, 1908, Order 20 Rule 12, Order 21 Rule 26 - Ejectment petition filed by landlord - Rent Controller ordered ejectment - Upheld by the Appellate Authority - High Court in Revision stayed dispossession - During pendency of Revision arrears of rent paid - Application for determination of Mesne profits filed - Contention that acceptance..........
Civil Procedure Code, 1908, Order 20,, Rule 7, Civil Procedure Code, 1908, Section , Order 21 -- Limitation Act, 1963, Article 136 - Execution of decree - Period of Limitation - Starting point - Suit for declaration of title and recovery of possession - Suit decreed by Trial Court - Appeal & Revision dismissed - No stay granted during pendency of appeal & revision -..........
Civil Procedure Code, 1908, Order 41,, Rule 27 -- Additional Evidence at appellate stage - Copy of mutation of the property in name of ancestors to be produced by leading additional evidence - Mutation Deed is a public document - Public documents can be produced in additional evidence - Such documents do not create any suspicion - Reliance placed on Jayaramdas's case..........
Registration Act, 1908, Section 17(2)(vi), Civil Procedure Code, 1908, Order 21, Rule 1 -- Adjustment of decreetal amount - Registration of adjustment/compromise - Money decree - Judgment debtor can enter into a compromise to adjust the decreetal amount against the immovable property - Adjustment/Compromise will not require registration u/s Sec. 17(2)(vi) of Registration..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 37, Rule 1, 2, Contract Act, 1872, Section 59, 60, 61 -- Rule of appropriation of payments by J.D. towards decretal amount - Payment has to be adjusted strictly in accordance with directions contained in the decree - In the absence of such directions, adjustment has to be made..........
Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- Recovery Certificate issued without issuing any show cause notice - No opportunity of hearing afforded - Corporation to serve a show cause notice and grant opportunity of hearing before determining the amount due and payable. Punjab Public Moneys (Recovery of Dues) Act, 1983, Section 3. Editorial Note - See -..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement of appeal on death of one of other party - Whether partial or total - Depends on nature of decree obtained - Decree joint and separable, appeal not abate quo remaining parties - Decree joint and inseparable, appeal abates quo remaining parties as well - Sardar Amarjit's case, (2003) 3 SCC 272 relied...........
