Law: Civil Procedure Code (V of 1908)

Section: 99,100

(a) Civil Procedure Code (V of 1908), O. XXI, rr. 99, 100¬Court has jurisdiction to entertain abjection to delivery of possession to decree holder from person who has not yet been dispossessed. A third person, not a party to the decree, applied to the Court executing the decree under S. 151 and O. KXI, r. 99, C. P. C. that she being in possession of the house in her own right, the execution application for delivery of possession of the same to the decree holder be dismissed. It was contended by the decree holder that she could come to Court only under r. 100 of O. XXI, and that only after she had been dispossessed. Held, when the party has not yet been dispossessed, it is a matter of discretion with the Court whether it would or would not determine the question beforehand. The Court can determine the question whether a decree can be executed by the ejectment of a particular person at any time. There is always inherent jurisdiction in a Court executing a decree to determine, how, to what extent, and in what manner a decree is to be executed. Sheikh Muhammad Jahangir v. Muhammad Ibrahim and another P L D 1955 Lah. 525 and Daroga Prasad Sahu v. Bhagwati Prasad Singh and others A I R 1935 Pat. 253 dissented from. (b) Co sharer Granting right of residence to his wife in joint property Other co sharers' right to partition property remains unafected by grant. One of the co sharers in joint property granted a right of residence in part of joint property to his wife in lieu of the wife's decree for dower. The other co sharers, in execution of a decree in an adminis¬tration suit, applied for delivery of possession of the property. Held, that the wife derived her right from her husband who was one of the co sharers in the property. The other co sharers were not bound by anything that her husband had done, and they had a right to partition the joint property unaffected by the transfer effected by him. Byjnath Lall v. Ramoodeen Chowdry etc. 1 I A 106 ref. (c) Partition decree Can be executed only after supply of proper stamp under Stamp Act (11 of 1899). Before the executing Court permits execution of a partition decree, the decree holder must supply proper stamp. Gopi Mal…

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