Transfer of Property Act, 1882, Section 3 -- `Attested' - Attestation means signature of two or more persons on a document in proof of execution by executant for which one of the attestors has witnessed the execution or attested the document on the acknowledgement of the executant - Attestors need not have acquaintance with the executant...........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Rule of appropriation - In absence of directions in the decree, D.H. is entitled to apply to the rule of appropriation by appropriating the amount first towards interest, then towards cost and then towards principal amount due under the decree - On such appropriation, if the part amount is appropriated towards..........
Wakf Act, 1954, Section 56 -- Lease of land by Wakf Board - Lessee allowed to raise construction after the execution of lease deed - Board accepted rent at a revised rate from lessee even after the expiry of lease period - Held, lease deed not void - There was implied consent of Board to the lease executed by the Secretary to the Board - The action of the Secretary stood..........
Agreement to sell -- Specific performance - Plaintiff always ready and willing to perform his part of the contract - Present in the office of Sub Registrar with money - These are the surrounding circumstances which indicate an agreement of sale was entered into - Relief of specific performance cannot be denied on the ground of execution of sale deed in favour of third..........
Agreement to sell -- Suit for specific performance - Agreement to sell or agreement for loan - Clause in agreement as to return of earnest money before date fixed for execution of sale deed - Held, document in question is agreement to sell for the reason that : (1) Vendor altogether denying execution of agreement to sell and even stated that he never secured or borrowed..........
Will -- Illness of testator - Merely because testator was suffering from illness or in a state of agony - Not sufficient to hold that he had no sound disposing mind at the time of execution of Will...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Compromise between parties - Eviction order passed on basis of compromise whereby tenant was to vacate premises after 3 years and 6 months - Tenant failed to vacate within stipulated time - Landlord filed execution petition - Plea of tenant that decree passed on the basis of compromise is a nullity - Held,..........
Civil Procedure Code, 1908, Section 94, Order 21, Rule 32 -- Execution of decree passed in title suit - Decree holder (DH) alleged that judgment debtors were intermeddling in their possession over suit land and not allowing them to cultivate - In decree, only defendant No.1 to 4 restrained from going to suit land and interfering in the possession of DH - In execution 10..........
Agreement to sell -- Specific performance - Plea of hardship - Plea that land subject of sale agreement is the only source of livelihood - Plea not acceptable when there is no pleading in written statement that defendant did not foresee hardship by the sale of land at the time of execution of agreement to sell. (Specific Relief Act, 1963, Ss.20 & 21)...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction order passed against petitioner by Commissioner holding that petitioner had encroached upon panchayat land by placing mud - Petitioner threatened with demolition of his house in execution of eviction order - Held, eviction order as passed by Commissioner never contemplated demolition of house of..........
