Will -- Suspicious circumstance - Attesting witnesses contended to be interested witnesses - However, both the attesting witnesses are mere employees of printing press of beneficiary of Will and they do not get any benefit from Will - Moreover, employees working with attesting witnesses were examined to prove signatures of attesting witnesses since both have died because..........
Will -- Suspicious circumstance - Execution of Will in favour of husband - Re-marriage of husband - Merely because husband remarried within 1 month of death of testatrix, would not affect the validity of Will, as testatrix could not have dreamed of that her husband would re-marry - Mind of executant on the date of execution of Will has to be seen...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his presence before office of Sub-Registrar on stipulated date - Readiness and willingness on the part of plaintiff not proved - Dismissal of suit despite admission of vendors with regard to execution of agreement to sell, calls for no interference. (Specific Relief Act, 1963,..........
Will -- Execution - Suspicious circumstances - Defendant `J' deposed that in lieu of services rendered by him to testator he executed the Will - However said `J' was in Army from the year 1960-1979 whereas Will was executed in the year 1970 - It is highly improbable that `J' had an opportunity to render any service to testator - Apart from `J' none of his family members..........
Will -- Suspicious circumstances - Courts should not normally declare Will to be surrounded by suspicious circumstances once execution thereof is proved...........
Will -- Registered - Genuineness of registered Will cannot be left to the mercy and support from the attesting witnesses - Once execution of Will is proved, slight deviation by attesting witness in the cross examination would not result in Court ignoring the Will...........
Agreement to sell -- Sale deed executed in pursuance thereof - Sale deed cannot be set aside only on the ground that there is some suspicion in the execution of agreement to sell - Once sale deed is executed, agreement to sell pales into insignificance - However, in a particular case where unimpeachable evidence comes, Court can examine validity of sale deed while making..........
Agreement to sell -- Specific performance - Courts below while decreeing the suit failed to examine evidence in detail that scribe failed to prove the execution of agreement to sell - Stamp vendor not examined - Only oral evidence was produced - More so, possession of suit property was delivered to plaintiff on the date of contract itself, however his counsel made a..........
Agreement to sell -- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of defendants No.2 & 3 but still he waited more than 1 year..........
Civil Procedure Code, 1908, Order 21, Rule 32, Specific Relief Act, 1963, Section 28(3) -- Execution - Decree of specific performance - Executing Court can order delivery of possession on execution of sale deed even when there is no mention in the decree as to delivery of possession after execution of sale deed...........
