Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Will -- Execution - Proof - When no attesting witness is found, it must be proved that attestation of one attesting witness is at least in his hand writing and the signatures of the person executing the document is in his hand writing...........
Agreement to sell -- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert - Other two purchasers along with whom suit agreements..........
Evidence Act, 1872, Section 68 -- Registered sale deed - Denial of its execution - Mere fact that executant/defendant is in the party array of suit alone, will not bring the document within purview of exception carved out in S.68 Proviso of the Act - S.68 Proviso of the Act alone would come into play without its exception and hence, there is no necessity for summoning or..........
Will -- Proof - Merely because word applicant and deponent was written on both the pages of Will by scribe, it cannot be viewed with suspicion, when he successfully proved due execution of Will, more particularly in view of the fact that scribe of Will was not a professional scribe and in fact had not scribed any Will earlier to this...........
Will -- Proof of - Testator executed Will in presence of attesting witnesses - He was in sound disposing state of mind at the time of execution of Will - Testator has testamentary capacity to write the Will at the relevant time - Signature of testator on Will not denied by defendant - Execution and attestation of Will proved in accordance with law - Will, held, proved...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........
Evidence Act, 1872, Section 102, Indian Contract Act, 1872, Section 16(3) -- Will - Revocation - Defendant beneficiary of revocation deed - Burden of proof is on defendant to prove as to under what circumstances testator got revocation deed executed which was against the interest of his daughters and in favour of defendant, who was in custody of revocation deed - Defendant..........
Will -- Proof of - Will in favour of three sons and widow to the exclusion of daughters - Due execution of Will proved in accordance with law - Requirement of S.68 of Evidence Act complied with - Mutation sanctioned on the basis of Will in presence of plaintiffs and other sisters - No doubt arises as to validity of Will...........
Will -- Proof of - PW1 attesting witness of Will not proved the presence and signature of other attesting witness of Will - No other person except Advocate and testator was there at the time of execution of Will - Requirement of S.63(c) of Evidence Act therefore, not complied with - Will not proved...........
