Civil Procedure Code, 1908, Section 144 -- Restitution - Court to be moved for making application is that Court which executed decree which has been reversed subsequently and not the Court which passed decree or reversed decree...........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
Civil Procedure Code, 1908, Section 144 r, w, 151 -- Restitution - Order passed by First Appellate Court - Power of restitution is not confined to S.144 - Court has inherent power to grant restitution where S.144 in terms does not apply - Contention that application should have been filed in the Court of first instance - It cannot be said that First Appellate Court had no..........
Civil Procedure Code, 1908, Section 144 -- Power to order restitution is given to the Court of first instance - Exparte eviction decree - In execution landlord taking possession - In appeal by tenant challenging exparte decree. Appellate Court setting aside decree and also ordering restitution of premises - Held, Appellate Court not right in ordering restitution - It could..........
Civil Procedure Code, 1908, Section 144, Land Acquisition Act, 1894, Section 4(1) -- Acquisition of land - High Court reduced compensation from Rs300/- to Rs J55/-per marla - Appellants had recovered amount of compensation at Rs300/- per marla - Held, appellant is liable to restitute excess amount realised with interest...........
Civil Procedure Code, 1908, Section 144 -- Exparte eviction order - Possession taken and another tenant inducted - Exparte eviction order set aside - Restoration of possession sought by tenant who was dispossessed - Held, landlord is bound to restore possession - Subsequent tenant cannot be equated to the status of bona fide purchaser and has no independent right -..........
Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2 -- Once the decree under which possession was delivered, was set aside, there is no jurisdiction in a court to stay restitution...........
Civil procedure Code, 1908, Section 144, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Exparte eviction order - Tenant evicted - Exparte decree set aside and court ordering restitution of possession - In the meantime landlord transferred property who inducted tenant - Tenant filing suit and sought temporary injunction restraining execution of order of..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Provision does not apply when during pendency of injunction suit a party is forcibly evicted from suit premises by the other party and not evicted by any order of Court...........
Civil Procedure Code, 1908, Section 151, 144 -- Restitution - Suit for injunction - Interim injunction granted exparte but later vacated - Before filing appeal, defendant dispossessed plaintiff from suit premises forcibly -Appeal against order vacating interim injunction allowed and temporary injunction granted pending disposal of suit - Restitution can be ordered under..........
