Rent and Eviction -- Decree for eviction - Eviction order sustainable on one of the grounds - Failure of landlord to establish the case on other grounds - Does not make any difference as far as the decree for eviction is concerned...........
Civil Procedure Code, 1908, Section 47, Haryana Relief of Agricultural Indebtedness Act, 1989, Section 3, 4, 17, Banking Regulation Act, 1949, Section 21A -- Agricultural Loan - Loaner's liability to pay agreed interest - Entitlement of DH to more than double of principal amount - Discharge of debt - Can executing court go beyond decree by virtue of sec. 17 of Act of 1989..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Wrong framing of issue - Scope of remand - Will by mother in favour of a daughter - Challenged by other daughter by filing suit for declaration - Suit dismissed - In appeal High Court held that the Trial Court wrongly framed issue regarding validity of Will in negative ` Onus of proof of Will was also wrongly placed..........
Hindu Marriage Act, 1955, Section 13(1)(1a), 13(1)(1b) -- Divorce - Appeal by wife after expiry of limitation - In the meantime husband married and begetting a child - No useful purpose will be served even if decree is set aside as it is not possible for wife to live with husband in such a scenario nor it will be conducive to the upbringing of her child - Decree affirmed -..........
Civil Procedure Code, 1908, Order 20, Rule 7 -- Decree though prepared at a later date shall relate back to the date of the judgment...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Declares the rights and liabilities of the parties - In a given case a decree may be both preliminary and final - There can be more than one final decrees - A decree may be partly preliminary and partly final - Final decree proceedings may be initiated at any point of time - No limitation is provided..........
Civil Procedure Code, 1908, Section 2(2), 9, 21, 16 -- Decree passed by a Court lacking inherent jurisdiction is a nullity - Principles of estoppel, waiver and acquiescence or res judicata are not applicable to such a decree - However, this is not the case with a decree passed by a Court having no territorial or pecuniary jurisdiction - Such a decree can be interfered with..........
Civil Procedure Code, 1908, Section 47 -- Objections to execution of decree - Objections raised by judgment debtor same as the pleadings in the suit - Judgment debtor cannot be permitted to raise such objection in execution as well...........
Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Preliminary decree - Nature & Scope - Preliminary decree declares the rights and liabilities of the parties - Decree may be partly preliminary and partly final - A preliminary decree cannot be executed unless & until final decree is part of preliminary decree...........
