Civil Procedure Code, 1908, Order 21, Rule 72(As - - Execution - Auction - Participation by D.H. without permission of Court - As per O.21.R.72 CPC as amended by State of Uttar Pradesh there is no embargo upon a decree holder to participate in the auction...........
Transfer of Property Act, 1882, Section 53 -- Transferee pendente lite - Transferee not a bonafide purchaser who had knowledge of the execution proceedings inspite of which, in order to defeat the decree, in collusion with the original seller got the sale deed executed - Held, purchaser not a bonafide purchaser and sale is hit by S.53 of the Act...........
Will -- Suspicious circumstances - Participation of beneficiary in the execution of Will is a suspicious circumstance...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Eviction - Ex parte order - Execution proceedings - Objection taken by petitioner/tenant that he was not served in main eviction petition - Tenant was in fact proceeded ex-parte way back on 04.04.2006 - After a long time eviction order was passed against him - Held, it is not believable that tenant..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Eviction - Execution proceeding - Tenant's plea that landlord/decree holder is not his landlord and thus eviction petition was not maintainable - Held, challenge to maintainability of proceeding itself can be made in main ejectment proceedings and not in execution application - Executing Court cannot..........
Agreement to sell -- Suit for specific performance - Plea that agreement was executed only as a security for due repayment of loan - Handing over original documents at the time of execution of agreement to sell - Normally, original documents are given to purchaser only at the time the sale deed is executed - It is a circumstance which indicate that the transaction was not..........
Registration Act, 1908, Section 17, 32, 34, 35 -- Conveyance deed - Registration - Cannot be refused on the ground of lack of title - It is only the Civil Court which can consider the title - There is nothing in the Act to empower the Registrar in seeing or satisfying himself about the title of the vendor - Registration entails nothing more than the factum that the..........
Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Order 1 -- Prohibitory injunction decree - Execution - Injunction obtained in a representative suit - Wilful disobedience of injunction by a person who was not party to the suit but for his benefit suit was defended - Held, a decree for injunction obtained in a representative suit is binding on all persons..........
Civil Procedure Code, 1908, Section 47 -- Execution - Dispute as to adjustment, discharge or satisfaction of decree - For filing an application u/s 47 CPC it is not necessary that an execution petition must be pending...........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 26 -- Execution - Stay of execution - Court which passed the decree and Court in which execution is pending when different then unless the Court which passed the decree does not stay the execution of the decree, the Executing Court does not have the power to refuse to proceed further...........
