Evidence Act, 1872, Section 68, 71 -- Proof of execution of Will - Registered Will - One of attesting witness expired - Other attesting witness, Deed Writer & Sub-Registrar examined to prove execution of Will - Attesting witness denied putting of thumb-impression by testator & other witnesses in his presence - Evidence of attesting witness found to be fluctuating and not..........
Will -- Suspicious circumstances - No reasons given as to why legal heirs deprived of property and why the same was given to distant relations - No evidence to show that the relations of deceased were strained with her own children, due to which, she had deprived them to inherit her property and preferred her distant relations - Original Will not brought on record -..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Bribe - Accused a clerk in the Office of Sub Registrar - Complainant a document writer - Complaint suppressed the fact that he is a document writer and stated that he was doing agricultural work - Casts doubt that complainant is not a truthful witness when seen in the context that the purpose for which certified copy..........
Agreement to sell -- Execution - Proof - Discrepancy regarding time of execution of agreement to sell - Sole contradiction is not sufficient to discard the agreement when it is otherwise proved by attesting witnesses and deed writer...........
Agreement to sell -- Suit for specific performance - Substantial amount of the agreement paid to vendor and vendor continued to be in possession - - Extension of time duly proved by evidence of plaintiff and deed writer - Plaintiff ready and willing to perform his part of the contract also duly proved - Mere rise in prices due to pendency of litigation is not a ground to..........
Specific Relief Act, 1963, Section 19(b) -- Agreement to sell - Subsequent bonafide purchaser - Earlier agreement to sell and sale deed of subsequent purchaser scribed by the same deed writer - This fact establishes that subsequent vendee was having knowledge of earlier agreement to sell...........
Specific Relief Act, 1963, Section 19(b) -- Agreement to sell - Subsequent purchaser without notice of earlier agreement - Subsequent purchaser was having knowledge of earlier agreement to sell - Subsequent sale deed and earlier agreement to sell scribed by the same deed writer as such this fact also establishes that subsequent vendee was having knowledge of earlier..........
Evidence Act, 1872, Section 3 -- Deed writer - Register not regularly maintained - Neither page marked nor bound close knit - Pages could be inserted or taken out - Register not attested by Sub Registrar and nothing to show when entries in this register commenced and when entries were stopped to be made in the register - Register of deed writer cannot be given any..........
Will -- Execution - Proof - One of the attesting witness stated that Will was executed in his presence, scribed by a deed writer and that he and the second witness signed the will in the presence of each other and the deed writer after scribing the will read it out to testator who thumb marked and signed the same and Will was entered in the register of deed writer which..........
Will -- Suspicious circumstances - Will not produced for sanction of mutation for six years - Mutation sanctioned in favour of appellant but respondent did not challenge it - Will in original or copy thereof not produced alongwith plaint - No reason for exclusion of daughter/legal heir from her inheritance - Will drafted by someone in the village and not by a deed writer..........
