Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Disposal of objections of third party in a summary manner - Held, not proper - Executing Court is required to adjudicate upon claim of third party by considering relevant documents and relevant evidence...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10, 18 -- Eviction - Execution proceedings - Abuse of process - Order of eviction passed in favour of landlady confirmed by High Court - SLP filed by tenant dismissed by Apex Court and time was granted to tenant to vacate demised premises subject to filling of affidavit of undertaking - Tenant failed to file..........
Will -- Execution - Proof - Absence of specific denial or an admission of its existence - Does not absolve duty of propounder of Will to prove its genuineness and the further duty to dispel all the suspicious circumstances...........
Will -- Doctrine of dependent relative revocation - Does not absolve the burden of the propounder of earlier Will from proving its genuineness or its due execution, and the further burden to dispel all the suspicious circumstances surrounding its execution...........
Will -- Execution - Proof - Registered - Testatrix signed Will before Sub Registrar in presence of two attesting witnesses - One attesting witness examined and proved execution - Sub Registrar read contents of Will and testatrix, educated lady, showed agreement - Testatrix normal, well balanced and smiling at time of execution - Testatrix nor suffering from any mental..........
Will -- Proof - Legal requirement for proving a Will, analysed, viz. (i) The will like any other document is to be proved in terms of the provisions of the Succession Act; (ii) The onus of proving the will is on the propounder; (iii) The testamentary capacity of the testator must also be established; (iv) Execution of the will by testator has to be proved; (v) At least..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Petitioners on basis of alleged sale deed moved impleadment application in proceedings - Application rejected - Petitioners neither decree holders nor auction purchasers - Petitioners have no right to make objection or application U.O.21.R.97 CPC - Petitioners themselves are responsible for creating..........
Agreement to sell -- Specific performance - Due execution of agreement and readiness and willingness once proved then equity demands enforcement of agreement rather than granting alternative relief of damages...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections U.O.21.R.97 CPC - Executing Court must show promptness in rejection of indiscreet objections at the instance of unscrupulous obstructionists to facilitate expeditious execution of a decree...........
