Civil Procedure Code, 1908, Section 50 -- Execution of decree against L.R's - Decree can be executed against legal representatives when judgment debtor dies before decree is fully satisfied - L.R's are liable to pay the decretal amount to the extent of property of J.Dr. in their hands...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Exparte divorce decree - Setting aside - Husband failed to appear in a bonafide belief on the commitment of wife before Panchayat to withdraw the divorce petition - Nothing on record to show that Panchayat was convened or any compromise was effected between the parties - Application..........
Hindu Marriage Act, 1955, Section 13B, 13, 10 -- Divorce petition by husband - However Court passed decree u/s 10 of the Act for judicial separation - Wife filed appeal - During pendency of appeal parties compromised whereby prayer for a decree of divorce by mutual consent was made - Not possible for the parties to live together - To secure the ends of justice for the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Suit decreed - Defendant directed to handover vacant possession within one month of plaintiff depositing Rs.12, 500/- in the Court - Plaintiff deposited the amount after three years and filed execution - As per decree plaintiff was not supposed to deposit the amount within one month - Relief stipulates that J.D. was to..........
Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Hindu Law -- Joint Hindu Family Coparcenary property - Property partitioned by father during his life time - Share falling to each of his sons transferred by way of consent decree - Property loses the character of Joint Hindu Coparcenary property and attains the character of self acquired property...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for possession of land - Execution - Judgment debtors filed objections stating therein that they have purchased the shares of some of the decree holders vide registered sale deed - Held, decree cannot be executed - Decree holder to file suit for partition...........
Transfer of Property Act, 1882, Section 60 -- Mortgage of property to tenant - Rent was to be appropriated towards interest - Redemption of mortgage - Relationship of landlord and tenant continues to subsist between the parties - On passing of decree for redemption of mortgage, tenant cannot be directed to handover possession of suit property merely because of redemption -..........
Punjab Pre-emption Act, 1913, Section 15(1) -- Sale of land - Suit for pre-emption - Cannot be filed by a person who is in possession of land as a servant of vendor and not as a tenant - In order to succeed in suit for pre-emption, the pre-emptor has to prove his right at the time of filing of suit and then during the period of suit and thereafter, till passing of the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application is not maintainable during pendency of an appeal filed against exparte judgment and decree...........
