Hindu Law -- Coparcenary property - Alienation by father - Suit property had lost its status of coparcenary property in 1985, when mutation in respect of property in question was attested in favour of wife and son of grandfather of plaintiff - Said mutation remained as it was, without there being any challenge - On date of execution of agreement to sell, suit property was..........
Will -- Execution - Testimony of scribe cannot be treated as testimony of an attesting witness...........
Will -- Execution - Scribe of Will deposed that he did not know testator personally - Witness examined from office of registering authority only produced certified copy of Will and made a statement on basis of records without having any knowledge with regard to execution and registration of Will - Beneficiaries under Will have failed to prove Will in accordance with law -..........
Will -- Execution - Testator signed the Will whereas he used to append thumb impression - This assertion of defendant not disputed during his cross examination by plaintiff - Plaintiff did not produce any document containing signatures of testator except the so called Will - This casts a serious doubt regarding execution of Will...........
Will -- Execution - Wife of testator totally disinherited and left to fend for herself without there being any reason - It makes the Will highly suspicious...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for declaration - Decree against defendant in the suit has become final and no one had challenged - In such circumstances, executing Court cannot go beyond decree unless JD raise an issue with regard to competency of civil Court granting decree or about executability of decree in the manner as it was..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time for depositing balance sale consideration - DH was pursuing litigation in a bona fide manner - As JD refused to accept amount, execution of decree was filed during currency of period of 30 days within which DH was to deposit balance sale consideration - If JDs were ready to accept..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree of permanent prohibitory injunction - Disobedience - Where JDs disobey decree of permanent injunction passed against them by gaining illegal possession of suit property, DH cannot be asked to file a fresh suit for possession by Executing Court - Possession can be ordered to be delivered to DHs by JD by..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Eviction decree - Objection by sub-tenant - Sub-tenant though established his exclusive possession, but failed to establish payment of rent to original tenant - Payment of rent is essential element of lease or sub-lease - In the absence of same, no tenancy or sub tenancy can be proved - Objection rejected...........
Delhi Rent Control Act, 1958, Section 50 -- Suit for possession - Tenant`s plea that suit is barred u/s 50 of the Act as monthly rent of property was only Rs 3,500/- - Agreed monthly rent being set out as Rs.3,600 in rent agreement and execution has not been denied by tenant - Therefore, his plea that monthly rent of premises was Rs.3,500/- cannot be accepted and has been..........
