Agreement to sell -- Specific performance - Extension of time for execution of sale deed - Defendants are members of one family - Signature of defendant No.2 alone is sufficient to extend period for completion of transaction - Contention that defendant Nos.1, 3 & 4 did not sign writing for extending date for execution of sale deed rejected - Even otherwise, if alleged..........
Agreement to sell -- Specific performance - Suit property absolutely settled in favour of defendant by his father - Defendant agreed to sell property in favour of plaintiff - Due execution of sale agreement proved by PW2 and being a registered document, presumption in favour of plaintiff has to be drawn - Right of minor son of defendant to resist execution of sale..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Period of 15 months was fixed after paying substantial sale consideration for completing contract dated 30.1.2014 - However, there is no express terms of contract or impliedly intention of parties to indicate that time of 15 months is essence of contract - Plaintiff was always ready and..........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Will -- Due execution - Neither attesting witness nor scribe of Will was examined - Will being an instrument required to be attested by law, same could not be used as evidence in the light of bar u/s 68 of Evidence Act - Will held, not proved and thus, cannot be used as evidence...........
Agreement to sell -- Proof - Agreement not signed by plaintiff - Agreement thumb marked by defendant and witnessed by `S' and `K' and bearing seal of Oath Commissioner - None of those persons supported execution of document - Agreement to sell not proved - Decree of specific performance rightly set aside by first appellate Court...........
Agreement to sell -- Refund of advance amount - Defendant admitted execution of agreements for sale and its execution - He also admitted that he accepted partial sale consideration of Rs.10 lacs and by his own act and conduct of remitting Rs.2,50,000 to plaintiff, as sale deed was not executed - Trial Court rightly directed defendant to remit Rs.7,50,000 alongwith 6%..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction in pursuance of eviction order - Appeal against order of eviction filed in the year 2018 not decided - Eviction of petitioner from premises in question stayed till final disposal of appeal filed by petitioner...........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition suit - Compromise decree - Objection as to inexecutability of decree - Compromise decree cannot be said to be inexecutable merely because property which came to defendant's share is possessed by some persons, who were not party to suit - Objection raised by defendant regarding executability of decree is..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenant/stranger - Stranger is entitled to raise his objection before he lost his possession to DH in accordance with scheme of O.21.R.97 CPC and preceding Rules thereof...........
