Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing Court was to first find out..........
Will -- Burden of proof - Burden lies on defendants to prove execution of Will as they asserted Will and there is a special procedure prescribed for proof of execution of a Will...........
Will -- Proof - Burden to prove execution and contents is upon propounder of Will - Merely because there is no specific denial in written statement/objection on behalf of defendants, it cannot be said that applicant is discharged from her burden to prove execution of Will...........
Will -- Execution - Proof - One of attesting witness has died and second witness has shifted to foreign country, thus, S.68 of Evidence Act is not applicable. (Evidence Act, 1872, S.68)..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will has to be proved in accordance with S.69 of Evidence Act. (Evidence Act, 1872, S.69)...........
Will -- Execution - Proof - Non availability of attesting witnesses - Will has to be proved in accordance with S.69 of Evidence Act - Propounder has to satisfy two requirements, viz. (i) attestation of one attesting witness at least is in his hand writing; (ii) the signatures of the person executing the document is in the hand writing of that person or in other words,..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will registered - Evidence of Sub-Registrar that he knew testator as he was Chowkidar of the village and he also personally knew attesting witness as he was Lambardar of the village and that Will was read over to testator and testator acknowledged correctness of the same - Scribe also examined who stated..........
Will -- Proof - Sound disposing state of mind of testator - Testator executed Will on the same date of filing of suit by him - Once testator was of sound mind for filing of suit, he has to be taken to be of sound mind for execution of Will...........
Will -- Proof - Execution of Will by testator in favour of his wife - Due execution and attestation of Will proved on record - Testator was in sound disposing state of mind at the time of execution of Will - No evidence on record that propounder took active participation in making of Will - Will rightly held, to be duly executed, attested and proved...........
Agreement to sell -- Specific performance - Proof of execution of agreement - No requirement of law that an agreement to sell has be proved by examining deed writer - By examining attesting witnesses of the agreement to sell, onus to prove agreement is discharged...........
