Civil Procedure Code, 1908, Order 21, Rule 101, 99, 97 -- Open vacant land - In execution of decree owner dispossessed as possession reported to be delivered to D.H. - Owner looses his right and control over the land when Nazir of Court delivered possession to D.H. - Such a person can make an application to executing Court and seek adjudication of his right and title in..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Decree of specific performance - Objectors claiming to be in possession of suit premises but miserably failing to prove same that he was running school in premises in question - Objections rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 99, 100 -- Application U.O.21.Rr.99 & 100 - Requirement for consideration of application is whether applicant claimed a right independent of the judgment debtor or not - A person claiming through or under J.D. may be dispossessed in execution of a decree passed against J.D. but not when he is in possession of the premises in..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100 -- Redelivery/Restoration of possession to person dispossessed in execution of decree - For purpose of Order 21 Rules 99 and 100 what is required to be considered whether applicant claims a right independent of judgment - debtor or not - A person claiming through or under judgment - debtor - May be dispossessed in..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Resistance or obstruction to execution of decree by any person - Removing of obstruction and delivery of possession - Executing Court to adjudicate upon the application U.O.21.R.97(1) and objector to be heard on the application before passing any order - It is not the mandate of law that possession be handed over first..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103 -- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - Application is to be decided like a suit - An opportunity is to be provided to the applicant to prove his case - Unless procedure prescribed for disposal of suit is followed, claim of applicant..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103 -- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - A person who is dispossessed of any property whether it is covered under decree or beyond the decree is entitled to make an application making grievance of such dispossession and seek for..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 97, 99 -- Mortgage by deposit of title deeds - Decree for sale - Objection to decree for sale by third party claiming title to suit property under registered sale deed - There is no provision in Code for objection by third party to object to sale - However, Court has inherent powers to adjudicate upon such claim..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Possession - Obstruction from 'Any person' - All questions including questions relating to right, title or interest in the property arising between the aggrieved party whether he is the decree holder or any other person in possession of the immovable property under execution shall be..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Possession - Any person claiming title to the property - Executing Court to consider all questions raised by the person offering obstruction and to pass appropriate order which is to be treated as a decree...........
