Evidence Act, 1872, Section 68 -- Sale deed - Execution of sale deed never denied - S.68 of the Act not applicable to prove sale deed...........
Agreement to sell -- Specific performance - Sale of property to third person - Plea of bona fide purchaser - Agreement to sell in favour of plaintiff by defendants Nos.1 and 2 brothers - Defendant No.1 alone thereafter executed sale deed of half of suit property in favour of defendant No.3 - There was no partition in between defendant Nos.1 & 2 - Witness of sale deed in..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - O.7.R.3 CPC is not mandatory - Defect in description can also be cured in execution proceedings, however for passing of an effective decree, it is necessary that in every suit, where relief of possession is claimed in respect of immovable property, a plaint map should be filed showing location,..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to jurisdiction - Objection not taken by tenant in his written statement - Said objection as to jurisdiction of Court cannot be taken at a later stage - Even otherwise, said objection is not sustainable - Executing Court erred in allowing objection - Impugned order of Executing Court set aside...........
Mohammedan Law -- Gift deed - Registered gift deed in favour of respondent prior in time to sale deed executed in favour of petitioners relating to same property without setting aside said gift deed - Execution of said sale deed by executor of gift deed is beyond his capacity to execute - Gift deed is genuine document and thus, valid - Petitioners are open to assail deed..........
Will -- Proof of - Testatrix was an illiterate lady and she did not understand the true nature of document executed - Attesting Witness of Will not summoned and asked to depose as a witness - There are substantial and good reasons to legitimately suspect and question execution of Will, which propounder of Will not able to repel and remove - Even execution of Will has not..........
Evidence Act, 1872, Section 71 -- Will - Provision of S.71 Evidence Act comes into operation, once and if all the attesting witnesses deny or do not recollect the execution of the document, that is, the Will - In that event, execution can be proved by other evidence...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC- Available only during pendency of suit and not after conclusion of trial - Any undertaking given to Court during pendency of suit on basis of which suit itself has been disposed of, becomes a part of decree and breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32..........
Agreement to sell -- Specific performance - Readiness and willingness - Execution of sale deed not in dispute - However, there is no receipt of balance sale consideration in the sale deed - It is nowhere mentioned by plaintiff even in his plaint, that pursuant to receipt of reply to legal notice, plaintiff was ready and willing to get sale deed executed by paying entire..........
