Agreement to sell -- Specific performance - Agreement to sell whether a security document and not in fact agreement to sell - Agreement to sell in writing - Execution of agreement proved on record - Out of total consideration of Rs.3.70 Lakhs Rs.1 lakh paid as earnest money - Stamp paper for execution of sale deed purchased for the purpose of execution of agreement to sell..........
Agreement to sell -- Specific performance - Prayer for possession although under agreement to sell, possession was delivered - Prayer of plaintiff not contradictory when it is recorded that possessory title shall be delivered at the time of execution of sale deed - Moreover it is also mentioned in plaint that possession of property was given to him at the time of agreement..........
Civil Procedure Code, 1908, Order 21, Rule 66, 64 -- Sale - Where sale of part of property alone would be sufficient to meet decree debt, then, only said part of property is to be sold as per O.21.R.66 CPC - If sale proceedings are proceeded with by execution Court in violation of provisions contained in O.21.R.66 CPC, then it would amount to deprivation of property of JD..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Pronote - An application at the instance of defendant for comparison of signatures is not maintainable when he denies execution of pronote, as it is for plaintiff to prove genuineness of pronote...........
Civil Procedure Code, 1908, Section 60(1)(g) -- Execution - Attachment - Earned leave encashment amount - Not stipend or gratuity - Earned Leave Encashment can be attached...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - An order of attachment before judgment is a harsh step and same cannot be resorted to in a routine manner - Power U.O.38.R.5 CPC is a drastic and extra ordinary power and such power should not be exercise mechanically or merely for the asking - Court should be satisfied about existence of a prima..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 54 -- Execution - Attachment of property - Decree passed creating charge over property - Attachment of property in execution is not necessary - Decree holder is entitled to straight away proceed in execution for realization of the amount due by sale of the property...........
Civil Procedure Code, 1908, Section 47, Order 34, Rule 1, Transfer of Property Act, 1882, Section 84 -- Execution - Objection - Mortgage - Delivery of possession - Execution case without any decree for redemption is not maintainable - Respondents held, not entitled to get delivery of possession unless a decree for redemption of mortgage is passed in their favour under..........
Will -- Suspicious circumstance - Bequeathing property in favour of minor children - There is no question of minor children playing an active role in execution of Will - It is too much to expect from the minor children to play any active role in grabbing their father's property and create forged Will...........
Will -- Due execution - Attesting witnesses have to sign in presence of executant but not in presence of each other - Contention that since attesting witness did not recognize signatures of second attesting witness, due execution of Will is under doubt, held, rejected...........
