Supreme Court · 1975 INSC 314 · Decided 10 December 1975
Kok Singh v. Deokabai
- Court
- Supreme Court of India
- Citation
- 1975 INSC 314 · [1976] 2 S.C.R. 963
- Case number
- CIVIL APPEAL No. 2354/1968
- Decided
- 10 December 1975
- Bench
- KUTTYIL KURIEN MATHEW, S. MURTAZA FAZAL ALI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, O.XLI; r. 33-High Court if competent to pass C• decree fdr enforcement of charge even when no appeal filed. A B The appellant, who bought property from the respondent's husband, co­ venanted that in case of non-payment of the consideration, the amount due would be appellant defaulted to pay the full purchase money of the property. The ·trial court held that no dec~ee could be passed for enforcing the charge against the· property as it was held in occupancy right C by the appellant, but gave a personal decree against the - appellant for a.
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