Rent and Eviction -- Co-sharers - After a partition is effected or a decree for partition is passed, it is open to the co-sharers to evict a tenant from that portion of tenanted premises which had fallen in their respective shares by filling separate proceedings for eviction under Rent Control laws on the grounds enumerated thereunder...........
Partition -- Protection of possession of tenant - Suit for partition of joint house - One portion in possession of tenant - Preliminary decree passed - DH filed application for execution - Objection by tenant - Dismissed by one of the co-sharer that he cannot be evicted in execution of decree - Held - Tenant cannot be thrown out in execution of decree. After partition is..........
Civil Procedure Code, 1908, Section 47, 34 -- Decree silent with respect to payment of interest - Executing Court cannot go behind decree and award interest...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, 5, Evidence Act, 1872, Section 101 -- Recasting of issues at appellate stage - Suit for possession - Decreed by Trial Court - In appeal, the Appellate Court set aside judgment & decree on the ground that issues framed by Trial Court not happily worded and burden of proof was not appropriately put - Appellate Court reframed..........
Civil Procedure Code, 1908, Section 52, 50 -- Decree - Execution against L.R's - Decree for payment of money passed against a person who was dead at the time of execution - Execution against L.R's and proceeds against property - Burden is on LR/wife to show that she has not received property attached by Bank from deceased husband...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Possession - No provision for grant of police protection - However, executing Court is conferred with power, to order such measures, as are need, to ensure that decree is executed - There is specific power to order removal of obstruction seen if offered by third parties - It cannot be said that executing Court..........
Civil Procedure Code, 1908, Section 152, 47 -- Decree - Correction by Executing Court - Application for correction of decree rejected till stage of appeal - Rejection of application for correction of decree by executing court - Order upheld...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Decree for recovery of possession - Decree holder is also entitled to recovery of future mesne profits...........
Civil Procedure Code, 1908, Section 151, 152, 153 -- Decree - Amendment - Trial Court holds the right and jurisdiction to amend the decree as long as judgment and decree of trial Court is not modified or finally confirmed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree upon admission - Admission should be unequivocal, clear and positive - Judgment on admission is not a matter of right and rather is a matter of discretion of Court...........
