Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Plaintiff are owners in possession of suit property to extend of half share - Plaintiffs are only heirs after the death of deceased and said fact not denied by defendants - Moreover, as per defendants deceased predecessor-in-interest of plaintiff executed an agreement to..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Execution of agreement to sell does not confer any title itself in favour of party - Simply because for specific performance of alleged agreement to sell which was filed subsequently to present suit is pending, cannot be a ground to deny plaintiff to seek their right of..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Execution - Proof - Plaintiff denied execution of gift deed dubbing it as result of fraud - None of the attesting witnesses examined to prove execution - Mere admission of signatures on the document does not amount to admission of execution of a document - Gift deed thus not proved...........
Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment - Ceases only when execution application is dismissed unless Court indicates that attachment shall continue - Execution petition when adjourned sine die or closed on account of any moratorium or stay of execution under a statute, or by an order of stay by any Court, or where execution application is closed without..........
Stamp Act, 1899, Section 35 -- Schedule I-A, Article 47-A - Agreement to sell - Admissibility in evidence when proper stamp duty is not paid when there is recital of delivery of possession - Pleading that possession not delivered - Execution of agreement and delivery of possession denied in written statement - Document is admissible in evidence without payment of proper..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(2) -- Appeal against eviction order - Appellant Authority stayed execution of eviction order subject to deposit of mesne profit @ 20, 000/- - Held, order of Appellate Authority cannot be faulted - If tenant continues to occupy premises after tenancy comes to end, he is liable to pay damages for use and occupation at..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - In absence of a finding that sale of entire property is inevitable executing Court has only jurisdiction to sell that much of the property which would satisfy the decree...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Impleading of - On the basis of execution of Will in England qua property situated in Punjab - Plea that Will cannot be relied upon in India, unless a probate from the competent Court is obtained - Held, in respect of Wills either executed in Punjab or in respect of immovable property situated in..........
Will -- Suspicious circumstances - Will executed at the age of 32 years - Mere fact that the testator executed a Will at a young age cannot be treated a suspicious circumstance - Court cannot anticipate an ideal situation for execution of a Will...........
Hindu Succession Act, 1956, Section 8, Succession Act, 1925, Section 276 -- Will by a testator in favour of his wife - Wife applied for probate of will, but could not prove execution of will - Held, it will be deemed that testator died intestate and all legal heirs would get share in his property as per S.8 of the Act of 1956...........
