Agreement to sell -- Execution - In absence of original agreement to sell, merely on oral evidence of witnesses, execution of agreement to sell and payment of earnest money cannot be said to have been proved particularly when defendants took the plea that agreement to sell is forged and fabricated...........
Limitation Act, 1963, Article 136 -- Execution - Limitation of 12 years - Starting point - Decree for possession and arrears of rent - Doctrine of merger - Judgment of trial Court was affirmed by First Appellate Court and was further affirmed by Second Appellate Court - Decree passed by High Court becomes enforceable in view of doctrine of merger - Execution petition filed..........
Will -- Suspicious circumstance - Exclusion of father and real sister from bequest - Testator was issueless - He bequeathed his property in favour of third party to the exclusion of his father and real sister - Testator died within two weeks of execution of Will and not naming living father and living real sister in Will and with no recital as to why their right of..........
Co-sharer -- Right of pre-emption - Plaintiff has no knowledge of intention of co-sharer to sell suit land - Though sale deed was not produced in evidence but purchaser has admitted the fact that he has purchased the suit land - Thus, Courts below have erroneously concluded that sale deed when on record cannot be cancelled for reasons that there being no dispute qua..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Show cause notice U.O.21.R.22 CPC - When an application for execution is filed within 2 years of date of decree, no notice is required to be sent to JD...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JD as to attachment of property as it is mortgaged with bank - Objection not tenable as such objection can be raised by bank, the mortgagee of property, and secondly property cannot be refused to be attached on the mere ground that it is mortgaged...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JDs that execution petition is premature - Objection rejected, as no such objection was raised by JDs during execution proceedings and said objection cannot be permitted to be raised before High Court in proceedings u/art 227 of Constitution...........
Will -- Suspicious circumstance - Signatures of testator - Appellate Court compared the signatures of testator on Will with his standard signatures, taken from bank account of testator, which was opened much prior to execution of Will - Testator kept serving and died at the age of 84 and Will was executed almost 3 years prior to date of death - In old age, control on..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not..........
