Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Execution of agreement to sell proved on record - Entire sale consideration was passed by plaintiff to defendant no.1 simultaneously with execution of agreement to sell and possession of suit property was also delivered to plaintiff - Plaintiff not prayed for execution of..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Issue as to whether consent terms filed in course of execution proceedings and/or made therein can be recorded as consent decree or not is itself a debatable or arguable issue which cannot be decided at the stage of considering an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Enquiry U.O.21.R.97 CPC - Sub-tenants have no independent right or title - Their interest is only under JD - Executing Court not required to hold enquiry, as only if obstructor has semblance of right, interest or title superior to that of DH and if application..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objections - Enquiry U.O.21.R.97 CPC - Holding an enquiry may not be necessary if it can be made out apparently that obstruction is caused at the instigation of JD or on his behalf or by transferee from JD either during pendency of a suit or execution proceeding...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Sub-tenants contended that sub-letting is lawful as per Karnataka Rent Act - Contention rejected, as suit was filed seeking eviction of JD by terminating tenancy u/s 106 of T.P Act, therefore, provisions of Karnataka Rent Act held, not applicable...........
Transfer of Property Act, 1882, Section 115 -- Benefit of S.115 of the Act - Claimed by Sub-tenants - Termination of lease by lessor - DH/lessor terminated lease of suit property because of breach of terms and conditions of lease by JD - It is not a case of surrender of lease by JD, as it is a case of forfeiture or termination of lease by DH - Moreover, clause in lease..........
Will -- Execution - Proof - Attesting witness - Scribe or identifying witness - Due execution of a compulsory attestable document can be only by examining atleast one of the attestors - Scribe or identifying witnesses of an attestable document including Wills, cannot be regarded as attesting witnesses because there was no animo attestandi i.e. they have not signed on the..........
Will -- Execution - Mere registration of Will does not obviate the propounder of Will to prove its due execution by examining the attestors...........
Will -- Execution - Role of scribe - It is not the duty of scribe to necessarily see the executant and attestors signing or putting their thumb impressions on the Will...........
Will -- Execution - Role of scribe or identifying witness - Scribe or identifying witnesses cannot speak for attestors rather only attestors can speak for due execution of Will - In the instant case, though scribe and identified witnesses had witnesses the execution of Will by executant - But law did not allow them to speak about execution as there was no animo attestandi..........
