Will -- Suspicious circumstances - Presence of beneficiary at the time of execution of Will - Not a suspicious circumstances in the absence of evidence on record which would prove ancillary circumstances influencing the testator...........
Will -- Execution - Proof - Marginal witness of Will not examined by plaintiff to prove veracity and authenticity of Will - Plaintiff thus, failed to prove execution of Will in his favour - Will held, discarded...........
Will -- Execution of Will in favour of defendant - Scribe of Will specifically deposed that he scribed the Will as well as cancellation deed which revoked the earlier Will in favour of plaintiff, at the instance of testator - Execution, attestation and recitals of Will duly proved by defendant - Testator was hale and healthy at the time of execution of Will - It is..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Decree passed by trial Court reversed by Appellate Court - Operation of judgment passed by Appellate Court stayed - Decree of trial Court stood revived and execution in respect of said decree is maintainable...........
Kerala Stamp Act, 1959, Article 42(1) -- Quantification of stamp duty - Partition deeds - Where there are more than two co-owners, each of such co-owner should be related to at least one other and in case there are only two co-owners, they should relate to each other in enumerated categories of relationship prescribed in explanation to Art.42 at time of execution of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Plea of ownership on the basis of registered sale deed - Execution and registration not controverted - However, there is plea of misrepresentation - Such defence is of no avail till sale and lease documents are declared null and void - The same cannot be declared so in the suit of..........
Agreement to sell -- Specific performance - Once execution of an agreement to sell between the parties is established, the parties are bound by the written agreement...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Composite decree of declaration as well as mandatory injunction - Limitation applies as prescribed under Article 136 of Limitation Act...........
Agreement to sell -- Validity - Agreement to sell with defendant No.6 prior to execution of agreement to sell executed in favour of plaintiff - Execution of agreement to sell with defendant No.6 was with a purpose to sell suit house to defendant No.6 and this could only be done by executing a prior agreement to sell in favour of defendant No.6 - Agreement executed in..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff performed his part of contract, as he paid the advance amount in terms of agreement and also sent notice to defendant for execution of sale deed - But it was not adhered to by defendant and they executed sale deed in favour of defendant no.6 - Story pleaded by defendants in their defence is wholly..........
