Will -- Suspicious circumstances - Will registered after 2-1/2 years of its execution - Will scribed by a layman and not by professional deed writer whereas cousin of testator is a practicing advocate - Will executed in favour of a stranger to the exclusion of sons and daughters with whom testator was having cordial relations - Beneficiary claiming to be a close relative..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 not applicable to execution proceedings - Execution proceedings do not abate for non impleading of L.R's - L.R's can be impleaded at any time in Execution proceedings - There is no bar to file a fresh Execution Petition also with the legal representatives on the party array,..........
Evidence Act, 1872, Section 35 -- Proof of a document - Mere marking of a document as exhibit cannot be held to be due proof of its contents - Its execution has to be proved by admissible evidence...........
Civil Procedure Code, 1908, Section 64(2), Order 21, Rule 58, Registration Act, 1908, Section 47 -- Registration of sale deed after attachment but executed before attachment - No reliance can be placed on S.47 Registration Act which reads that registration relates back to date of execution of document in view of S.64(2) CPC which is very clear that registration of sale..........
Civil Procedure Code, 1908, Section 52, Order 21, Rule 98 -- Execution of decree for possession - Lis pendens transferee from J.D. obstructed execution of decree - Held, lis pendente alienee from J.D. cannot call upon court to decide obstruction, like a suit - Purchaser pendente lite cannot raise challenge questioning legality of decree and propriety of Court in passing..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused alleged to have issued a cheque in favour of complainant company for discharging debt by way of payment towards chitty - PW1 stated that accused received the amount during 6th installment - Though he admitted that complainant company received payment vouchers and signed chitty..........
Will -- Execution - Proof - Will registered - One of the attesting witness deposed that he was present when the will was being written - Scribe of the Will also examined - Held, Will validly proved...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - A possible contention which could be raised in the suit cannot be raised in an application u/s 47 CPC - Questions that can be raised u/s 47 are those relating to execution, discharge and satisfaction of the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - A contention which should be raised in a separate suit should not be allowed to be raised by way of an application u/s 47 CPC...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation - Prayer for declaration that sale deed is null and void - Unless deed of sale is cancelled the transfer cannot be held to be null and void - Suit for cancellation of sale deed is governed by Art.59 of Limitation Act -..........
