Rule 101 of CPC : Rule 101: Question to be determined.
CPC
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Explanation using Example
Example 1:
Scenario: Rajesh obtained a court decree to take possession of a piece of land from Suresh. When Rajesh went to take possession, he was resisted by Mahesh, who claimed that he had a right to the land as he had purchased it from Suresh before the decree was passed.
Application: Rajesh files an application under Rule 97 of Order XXI, seeking the court's assistance to remove Mahesh's resistance and take possession of the land. Mahesh, in turn, files an application under Rule 99, claiming his right to the property.
Court's Role: According to Rule 101, the court will determine all questions related to the right, title, or interest in the property between Rajesh and Mahesh. The court will adjudicate on whether Mahesh's claim is valid or if Rajesh should be given possession, without requiring a separate lawsuit.
Example 2:
Scenario: Priya won a court decree to take possession of a house from Anil. When Priya went to take possession, she was resisted by Sunita, who claimed that she had been living in the house as a tenant and had a valid lease agreement with Anil.
Application: Priya files an application under Rule 97 of Order XXI, seeking the court's assistance to remove Sunita's resistance and take possession of the house. Sunita, in turn, files an application under Rule 99, asserting her tenancy rights.
Court's Role: According to Rule 101, the court will determine all questions related to the right, title, or interest in the property between Priya and Sunita. The court will adjudicate on whether Sunita's tenancy is valid or if Priya should be given possession, without requiring a separate lawsuit.