Specific Relief Act, 1963, Section 28 -- Recession of contract - DH had promptly filed for execution of decree immediately after expiry of 60 days from the date of appellate Court decree - No specific mode for payment/deposit of balance consideration was provided for in the decree - DH sought direction from Court to permit them to deposit amount in Court - Prayer to extend..........
Agreement to sell -- Registration - Once execution of registered agreement is admitted by defendant, endorsements made by sub-Registrar would be presumed to be correct u/ss 58, 59, 60 of Registration Act...........
Specific Relief Act, 1963, Section 22 -- Specific performance - Bar of S.22 of the Act - Neither any relief in terms of S.22 (1) (a) of the Act was claimed nor has been granted by courts below - Argument that suit was barred by S.22 of the Act, does not have any force - Moreover, once execution of agreement is admitted by defendant, he cannot get advantage of any recital..........
Civil Procedure Code, 1908, Order 21, Rule 105(2), Limitation Act, 1963, Section 5 -- Execution petition - Dismissed in default - Restoration - Applicability of S.5 of limitation Act - S.5 of Limitation Act is not applicable to any of provision U.O.21 CPC, in view of phrase `other than application under any of provision of O.21 CPC' used in S.5 of Limitation Act -..........
Will -- Proof - Unregistered Will - Testator died after more than 1 year of execution of Will, but no effort was made to get the same registered - For 17 years after death of testator Will never saw the light of the day - Neither scribe nor attesting witness of Will was examined except PW1 who is headman of village - Testator was 80 years of age at the time of execution of..........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption is with regard to proper execution of document which is 30 years old and not the proof of execution thereof...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objection u/s 47 CPC is no substitute for remedy of appeal - It is a very limited remedy available to JD which is confined in its scope to a decision on all questions arising between parties to suit in which decree was passed relating to execution, discharge or satisfaction of decree - It is not a remedy..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - In determining objections u/s 47 CPC, execution Court cannot go behind the decree and virtually review the trial Court's judgment...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
