Transfer of Property Act, 1882, Section 122, 123 -- Gift deed - Execution of registered gift deed not denied by plaintiff in favour of defendant by her - Question of examining attesting witnesses to gift deed by defendant to prove execution of said gift deed does not arise...........
Civil Procedure Code, 1908, Section 47 -- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said objections are nothing but attempt..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Alleged to be obtained by fraud and misrepresentation - Sub Registrar in his evidence stated that sale deed was executed after it was explained to the parties about contents of the sale deed - PW2 & PW3 who attested sale deed nowhere stated in their statement that executant was not in good state of mind at the time..........
Will -- Due execution - There is no legal embargo for beneficiary to act as attesting witness to Will and document is not rendered void merely on that ground...........
Agreement to sell -- Specific performance - Sale deed executed but not registered - Readiness and willingness - When plaintiff is able to prove execution of sale deed and payment of entire consideration amount and also possession of suit property was handed over, there was no need for plaintiff to specifically aver and prove his readiness and willingness, since he already..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Dismissal of earlier objection petition which attained finality - Subsequent objection petition for all practical purposes agitating the same title/right/ownership of the tenanted property - Failure to disclose earlier dismissal of objection petition - Besides merits, objection petition..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Expenses for seeking police help - To ask D.H. to deposit expenses for police help is not appropriate in absence of any specific legal provision regarding this aspect - Direction to D.H. to deposit expenses of police help, set aside...........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of plaintiff before Sub-Registrar on the date fixed by Defendant for execution of sale deed along with balance sale consideration, shows that plaintiff was ready and wiling to perform his part of contract - It is defendants who did not turn up on that date, hence they are estopped from..........
Agreement to sell -- Specific performance - Readiness and willingness - Merely because defendants denied execution of agreement to sell does not absolve plaintiff to assert and prove that he was always ready and willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)...........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - Agreement to sell clearly shows that during period after signing agreement, vendor had no right to sell property to anybody else - Agreement thus, imposed strict obligations on both parties - Execution of extension agreement coupled with clauses in the main agreement to sell leaves no doubt that time was..........
