Suit for possession -- Suit for possession on basis of Will - Will executed in favour of plaintiff by her father-in-law, which was duly registered - Evidence of PW1 and PW2 with regard to execution of Will considered by trial Court while decreeing suit on favour of plaintiff - Suit for cancellation of Will filed by defendant dismissed by civil Court - Plaintiff is lawful..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Execution of agreement to sell admitted - Plea that defendant was pressurized to execute said agreement - Further plea that defendant is not the owner of land and that it is plaintiff who is unable to carry out the terms and conditions of agreement - Held, there is no..........
Will -- Execution - Will executed in favour of daughters proved by examining one of attesting witness - Will proved in accordance with S.68 of Evidence Act...........
Agreement to sell -- Validity - Stamp papers purchased in the year 1986 and agreement executed in the year 1987 - Evidence of PW1 that agreement was executed within few months of purchase of stamp papers whereas stamp paper was purchased more than a year earlier to the execution of agreement - Casts serious doubt about genuineness of agreement...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attestor is not required to know contents of document - By just signing the document with an intention to attest or on seeing the signing of document by the executant or a receipt of personal acknowledgment about execution of document is sufficient to constitute attestation...........
Representation of the Peoples Act, 1951, Section 8(3), 81(1) -- Election petition - Rejection of nomination - Imposition of punishment in two criminal cases - Petitioner disqualified u/s 8(3) of Representation of People Act, as punishment in two criminal cases imposed on him - Said disqualification will continue so long as there is no stay of conviction - Petitioner could..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Civil Procedure Code, 1908, Section 65, Order 21, Rule 95 -- Auction sale - Delivery of possession - It was imperative on part of DH to take possession of property auctioned by him - If he fails to get possession through execution Court, his relief U.O.21 CPC, is lost, though his title over property sold subsists...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Requirements of the provision are specific and Court cannot act on mere unfounded apprehensions - Applicant had to establish by means of an affidavit or otherwise that defendant was seeking to obstruct or delay execution of any decree that may be passed against him in pending suit by disposing of..........
