Eviction & Mesne profits -- Possessory title - Execution of agreement to sell - Vendee settled with possessory title in part performance of the agreement to sell - Vendor lost his possession and acquired right of possession under a licence simpliciter and he exhausted his right to continue in possession after the licence has been determined - Vendee rightly held to be..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party objections - Execution filed against brother of petitioner - Petitioner came up for the first time in execution case with a plea that if decree is executed he would be dispossessed, as he has right, title and possession over property in question - He did not take any steps to ventilate his..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Resistance to execution of decree by a party against whom no decree has been rendered, would amount to abuse of process - Application u/s 47 CPC rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 36 -- Filing of execution petition before Commercial Court where defendant resides - Well within meaning of S.36 of Act of 2015 - Order passed by Commercial Court returning back case invoking provision of O.7.R.10 CPC is patently wrong and set aside...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution till disposal of second appeal - Eviction decree - There is no scope to pass any blanket stay order without any terms and conditions - Execution of eviction decree stayed till disposal of appeal subject to payment of occupational charges of Rs.10,000/- p.m by tenant...........
Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Third party objections - Evidence required to decide the same - Executing Court thus, justified in holding objections at the instance of third party to be maintainable at this stage not in the sense that a decree cannot be executed against them but in the sense..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants admitted the execution of works by plaintiff as also bill amount payable to them being deposited in Treasury, in objections to motion laid by plaintiffs seeking initiation of mediation process - However, defendants withheld this fact from Court - Trial Court rightly..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application U.O.9.R.13 CPC - No reasons forthcoming for not filing application for stay at a early date - Even application U.O.9.R.13 CPC has been filed only in the year 2019 - Liberty is thus, granted to defendant to file an..........
