1] Whether the tenant has right to raise resistance after the decree of eviction and possession, u/s 47 and u/o 21 rule 97 to 104 of Code of Civil Procedure?
Ans: When tenant is dispossess without following due procedure of law, he has right to raise resistance. (Sumeer Sobhan Sanyal Vs. Tracks Trade Pvt. Ltd. AIR 1996 S.C. 2102 )
2] Can the executing Court go behind the decree, if the Court which passed the decree had no jurisdiction?
Ans: Yes
3] Whether the decree for specific performance is a preliminary decree or a final decree?
Ans: Decree for specific performance is preliminary decree.
4] Whether the Co-sharer in immovable property has right to resist the decree under Order 21, rule 97 to 104 read with section 47 of Code of Civil Procedure?
Ans: No
5] Whether time can be extended by executing court for compliance of directions given in a specific performance of contract?
Ans: Yes
