Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 13 -- Shamlat land - Eviction petition by Gram Panchayat u/s 7 of the Act - Challenge as to maintainability of petition - Civil Court decree - Held, Collector in proceedings u/s 7 of the Act is competent to examine the legality and validity of the judgment and decree passed by Civil Court and that it is..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Legal heirs - Suit for partition - Preliminary decree passed wherein it was held that mother and brother of defendant had no right, title and interest in the suit property - Final decree proceedings based on the right declared in preliminary decree - As right of mother was negated in the preliminary decree, non..........
Transfer of Property Act, 1882, Section 54 -- Decree for specific performance - Effect of - Held, a decree for specific performance merely recognizes a claim for specific performance of contract, which is capable of being specifically enforced at the instance of a decree-holder - It does not create any right, title, interest in or charge on the immovable property in favour..........
Specific Relief Act, 1963, Section 15, Transfer of Property Act, 1882, Section 3 -- Decree for specific performance of contract - Transfer/assignment of - Held, no consideration is required to be shown to transfer/assignment of a decree for specific performance of contract, which is an actionable claim...........
Civil Procedure Code, 1908, Order 21, Rule 16, Specific Relief Act, 1963, Section 15(b) -- Decree for specific performance - Enforcement by assignee - Held, implied prohibition against assignment of a transfer of a right cannot be inferred unless words or expression in the document clearly indicate such prohibition - If in the document, there is no such prohibition, the..........
Transfer of Property Act, 1882, Section 52 -- Decree for specific performance - Execution proceedings - Doctrine of lis pendens - Applicability - Held, doctrine of lis pendens applies to the proceedings of execution of a decree passed in suit for specific performance of contract...........
Civil Procedure Code, 1908, Section 9, Order 37, Rule 2 -- Summary suit against company and its manager seeking joint and several relief - On the strength of contract relief in summary suit could have been asked only against the company - If the decree is envisaged only against the company, it cannot be viewed as joint and several...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Order passed in partition suit where by a Pleader Commissioner was appointed for Takhta Bandi - Material on record indicated that trial decree had already been passed on basis of preliminary decree after getting report of Pleader Commissioner - Plea of petitioner that he was not given any opportunity of..........
Civil Procedure Code, 1908, Section 96(3), Order .43, Rule 1A(2) -- First appeal - Maintainability - Challenge to recording of compromise and to question of validity thereof while preferring an appeal against decree - Held, appeal is maintainable U.O.43.R.1 (A) (2) of CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Application for compromise - There was clear stipulation that parties will file a second application for compromise - No such application was filed subsequently - Only defendants No.4 & 5 filed an application stating that the terms and conditions have been fulfilled - Plaintiff and defendant No.1 & 2 always appeared before..........
