Civil Procedure Code, 1908, Section 9, Order 21, Rule 92(1)(3) -- Civil suit to challenge sale effected and confirmed in execution of decree - Held, suit is not maintainable...........
Agreement to sell -- Specific performance - Affidavit of presence in office of Sub Registrar attested by Notary/Oath Commissioner and not by Sub Registrar - Contention that affidavit attested by Notary/Oath Commissioner and not by Sub Registrar does not prove presence of plaintiff - Contention cannot be accepted - Held, affirmation of affidavit proves presence in office..........
Agreement to sell -- Specific performance - Ready and willing - Affidavit of presence in office of Sub Registrar on the date fixed for getting the sale deed registered - Evidence of bank accounts depicting financial status - Notice for execution of sale deed sent within four days - Suit filed promptly within three months - Ready and willing not pleaded by defendant nor..........
Agreement to sell -- Specific performance - Ready and willing - Substantial amount of total sale consideration already stood paid - Injunction suit filed to restrain defendants from alienating suit land even prior to last date fixed for execution of sale-deed - Suit claiming relief of specific performance had been instituted within one week from last date for execution of..........
Indian Penal Code, 1860, Section 464, 467 -- Sale of property not owned by seller - It is not execution of a false document - If what is executed is not a false document, there is no forgery - If there is no forgery, then neither S.467 nor S.471 of the Code are attracted...........
Civil Procedure Code, 1908, Section 100, Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Second appeal - Unregistered Will - One of attesting witnesses to Will duly examined - He stated clearly that testator got Will typed and then thumb marked same upon admitting contents of such Will to be correct in his presence and thereafter he appended his..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside on deposit - Application accompanied by tender - Sale completed in 1972 - Pre requisite amount not deposited till 1980 - Sufficient to indicate that judgment-debtor had no intention to have sale set aside but only to frustrate decree and its execution - Order accepting application set aside...........
Partition Act, 1893, Section 3, 4, Civil Procedure Code, 1908, Order 21, Rule 89 -- Right of pre-emption - Exercise of - Preliminary decree for partition - Auction held in execution proceedings - Pre-emptive right of purchase not exercised at stage when sale certificate was to be issued or when matter was remanded by High Court for re-determining reserve price - Held,..........
Limitation Act, 1963, Article 136 -- Execution - Decree for possession - Limitation 12 years - Starting point - Whether from date of trial Court judgment or from date of dismissal of revision for want of prosecution - Doctrine of merger applies - Held, revision dismissed for want of prosecution amounts to confirmation of decision of trial Court on merits - It amounts as..........
Will -- Genuineness and validity - Fact that propounder was present at the time of execution of Will and that nothing was given to respondent Nos.1 & 2 - Not decisive of the issue relating to genuineness or validity of the Will - Respondent Nos.1 & 2 separated after taking their share at the time of partition - No choice was left except to live with appellant who along..........
