Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........
Transfer of Property Act, 1882, Section 58, Civil Procedure Code, 1908, Section 100 -- Mortgage - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - In view of admission of execution of mortgage deed and in absence of any whisper in the pleadings to the effect that disputed mortgage deed amounts to sale..........
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Article 61 -- Redemption of mortgage - Limitation - Commences from the date when right to redeem or recover possession accrues or cause of action to file suit arises and not from the date of execution of mortgage deed...........
Agreement to sell -- Specific performance - Gift deed - Successor-i, interest is always bound by any contractual documents entered into prior to execution of a gift deed transferring the property - Gift deed thus could not prevent plaintiff from seeking specific performance of agreement to sell...........
Agreement to sell -- Qua ground floor of suit property - Specific performance - Ready and willing - Once plaintiff himself does not seek specific performance but only shows his intention to seek refund of amounts paid by plaintiff to defendants through legal notice, then plaintiff's intention to be always willing to enter into sale deed is admittedly found to be lacking -..........
Agreement to sell -- Suit for specific performance - Limitation - Suit instituted within three years from the execution of agreement to sell - Cause of action arose after one year of lapse of period agreed between parties - Suit was thus, not time barred even from the date of agreement in question...........
Will -- Purpose of execution of Will is to deviate from natural course of succession...........
Will -- Suspicious circumstance - Exclusion of some of legal heirs from inheritance - Plaintiffs and defendant are daughters of testator and he had no son - Testator executed registered Will in favour of defendant No.1 on account of services rendered by her, as she used to live with testator and was looking after testator - Certainly testator would have special love and..........
Will -- Sound disposing mind of testator - Mere fact that testator had suffered a mild paralyses on his right arm cannot be a ground to conclude that he had lost his mental balance and was not in a position to think his good and bad, particularly when plaintiffs failed to place on record any evidence with respect to mental disability of testator - Testator, held, to be in..........
Will -- Proof - Marginal witnesses or any person who could prove execution of alleged Will not examined - Due execution of Will not proved...........
