Will -- Proof - Testator was proved to be in sound disposing state of mind at the time of execution of Will - No suspicious circumstances in its execution pointed out as both the attestators proved its due execution - Will, held, proved - Defendant No.3 thus entitled to succeed suit property as legatee under the said Will...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely - Order of arrest cannot..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for recovery of possession by landlord - Landlord tenant relationship admitted - Service of notice terminating tenancy also admitted - Plea of tenant that landlord agreed to sell tenanted premises to him - Agreement to sell not registered - Nothing available on record to show that tenancy ended..........
Will -- Suspicious circumstance - Exclusion of legal heirs - Exclusion of other children of testator and execution of Will for the sole benefit of one of the sons i.e. respondent by itself is not a suspicious circumstance - It is the will of testator that has to prevail as property is self acquired...........
Will -- Capacity of testator - Testator suffering from an eye-ailment at the time of execution - No material on record to hold that testator was suffering from any other kind of physical or mental infirmity which rendered him incapable of taking a decision with regard to bequeathing of the properties by means of the Will in question...........
Evidence Act, 1872, Section 69 -- Will - Proof of - Both attesting witnesses have died, Sub-Registrar who had registered the Will was examined on commission - Sub-Registrar set out the circumstances in which attesting witnesses as well as Testator had signed on the document - This part of evidence has been elaborately considered by High Court to record its satisfaction..........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence - Held, Court has to record reasons in writing u/s 389(1) Cr.P.C while suspended execution of sentence...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Eviction decree - Execution - Subsequent purchaser - It is not necessary that decree holder should assign the decree in favour of subsequent purchaser - Subsequent purchaser who purchases the property in respect of which decree has been passed acquires the right to execute the decree and recover possession...........
Agreement to sell -- Specific performance - Delivery of possession after execution of sale deed, in absence of prayer for possession, in plaint - Either a separate suit for delivery of possession can be filed or relief of possession can be sought by seeking amendment of plaint and such a prayer can be made at any stage, even at the stage of execution - Without seeking..........
Evidence Act, 1872, Section 92 -- Proviso 1 - Exclusion of evidence of oral agreement - Plea to invalidate any document proved in accordance with S.91 of Evidence Act is available, where a case is made out of fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration or mistake in fact or law...........
