Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........
Agreement to sell -- Suit for specific performance - Bonafide purchaser - Seller entered into agreement to sell with plaintiff and subsequently sold the suit land to defendants - However, plaintiff fail to show that he was in possession of suit land at the time of execution of sale deeds in favour of defendants by seller - Moreover, in absence of his examination as..........
Will -- Execution - First page of Will not signed by testator or attesting witnesses - One of attesting witness did not acknowledge that he had appended signatures or signed on direction/dictation of testator, which is one of requirements as per S.63(c) of Succession Act - Will rightly discarded...........
Will -- Execution - Proof - It is execution of Will which is to be proved and not the contents of it - Evidence of attesting witness who stated that he put his signature at the instance of scribe and did not read the contents of Will cannot be disbelieved. (Evidence Act, 1872, S.68)...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100 -- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - No technical objection can defeat the decree passed by competent Court, which attained finality...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC does not confer any power or jurisdiction on Appellate Court to stay execution of a decree which is not challenged in that particular appeal...........
Specific Relief Act, 1963, Section 22(2) - - J.D. raised objection to issuance of warrant of possession on the plea that possession is already with the D.H. - Executing Court issued warrant of possession on the basis that it is mentioned in agreement to sell that possession will be delivered on execution of sale deed - Order upheld...........
Will -- Proof of - Execution of Will proved by one of attesting witness to Will - Will was signed by testator in a sound and disposing state of mind - Testator put his signature to document of his own free will - Respondent who was the only contesting party also accepted the execution of Will - Will held, proved on record - Petitioner entitled to Letter of administration..........
