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Documents citing Abdul Karim vs Islamun-Nissa Bibi And Ors. on 28 February, 1916

Murari Lal vs L. Debi Saran And Anr. on 24 February, 1956

In support of this contention he has relied on several decisions. -- 'Abdul Karim v. Mt. Islam-unnissa Bibi', 1916 All 104 (AIR V 3) (A); -- 'Ganpat Rao Sultan Rao v. Anand Rao Jagdeo Rao', 1920 Bom 208 (AIR V 7) (B). It has not been seriously disputed before me on behalf of the respondent that where the decree-holder has obtained possession in execution of the decree in excess of that to which he was entitled under the decree, the remedy of the judgment-debtor, who is the owner of this excess property, is to apply in execution proceedings and not to file a separate suit for recovery of possession of that property.
Allahabad High Court Cites 2 - Cited by 0 - Full Document

Munna Lal And Ors. vs The Collector Of Shahjahanpur on 19 July, 1922

In fact this was so held in Abdul Karim v. Islam-un-nissa Bibi (1916) I.L.R. 38 All. 339. But in the present instance the possession of the disputed property has been obtained by a person who is an auction purchaser of that property in execution of a decree obtained on foot of a mortgage made by the father of the judgment-debtors. An auction purchaser might be treated as a representative in one sense of the decree-holder and in another of the judgment-debtor, and it is questionable whether a dispute about the identity of the property sold, between a person who has acquired the rights of the judgment-debtors and the judgment-debtors, can be entertained under Section 47 of the Code of Civil Procedure.
Allahabad High Court Cites 4 - Cited by 5 - Full Document
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