Civil Procedure Code, 1908, Section 47, Order 21, Rule 11 -- Execution - Decree of eviction, arrears of rent and damages - Objection as to title of D.H. - Looked in by execution Court though not called for and decided in favour of appellant - High Court found fault with it and ordered for fresh execution - Not legal - High Court's view held to be suffering from..........
Civil Procedure Code, 1908, Order 21, Rule 2, 95 -- Execution - Satisfaction/adjustment of decree - Delivery of actual possession is a must - Till actual possession is delivered to the D.H., there is no adjustment/satisfaction of the decree under execution...........
Constitution of India, 1950, Article 226 -- Custodial death - Compensation - Abduction of `H' by ASI of police on 17.07.1993 where after his whereabouts not known - After investigation by CBI case under Section 364/120B made out against the ASI and other unknown Police officials - `H' was aged 45 at that time and left behind his widow and two sons - Held to be a fit case..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- (As in P&H) - Property when attached was under the possession of a tenant - Held, petitioner is not entitled to get any benefit out of the provision...........
Limitation Act, 1963, Article 136 -- Final decree passed on 20.11.70 - On 28.2.72 notice to furnish requisite stamp paper by 17.3.72 issued - Requisite stamp papers filed on 26.3.84 by L.R's as D.H. died - Execution filed on 21.5.84 - Limitation of 12 years starts to run from 20.11.70 the day final decree was passed - Furnishing of stamp paper was an act entirely within..........
Limitation Act, 1963, Article 136 -- Execution - Part satisfaction - Time granted to pay balance amount - Execution dismissed by consent of parties - D.H. is entitled to file a fresh execution petition only on such default happening...........
Civil Procedure Code, 1908, Order 20, Rule 12(c)(iii) -- Mesne profits - Provision that mesne profits canot be claimed by a D.H. beyond three years even if he was not able to get the possession of property - Is unreasonable hence violative of Article 14 of the Constitution of India. (Constitution of India, Art.14)...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Sale proclamation - Valuation of property - Both D.H. and J.D. are entitled to estimate the value of property - However Court can confirm the sale if the property fetches less than the estimated value of the property given in proclamation - Estimate of value only gives a rough idea to the intending purchasers before..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Possession - Delivered in execution - Report of bailiff or submission of D.H. that possession has been delivered - Objection of J.D. that it is only a paper delivery and he is still in possession - Held, objection is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Setting aside - D.H. and auction purchaser related to each other - Sale cannot be set aside unless J.D. establishes that property was sold for a low price and that he suffered substantial injury thereby - Property sold at a price higher than the value fixed by Court - There is competitive bidding - Two more..........
