Specific Relief Act, 1963, Section 20 -- Limitation Act, 1963, Article 54 - Limitation - Specific performance - Suit for - As per agreement to sell dated 14.07.1975 sale deed to be executed within one month of the correction of revenue record of the entry existing qua attachment of property - Legal notice dated 29.03.1982 by plaintiff asking defendant-respondent for..........
Civil Procedure Code, 1908, Section 47, 11, Order 21, Rule 16 -- Assignment of decree - Validity - Question of assignment decided during hearing of appeal - Same cannot be reagitated in execution of decree...........
Civil Procedure Code, 1908, Section 146, Order 21, Rule 16 -- Locus standi of assignee of interest in decree to execute said decree - Suit for specific performance - Vendee expired - Legal representatives as well as assignee of interest in decree impleaded party - Specific performance granted by Supreme Court - Assignment in favour of assignee upheld - In execution of..........
Civil Procedure Code, 1908, Section 47 -- Specific Performance suit - Subject matter open land - Decreed - Execution - Objection petition objecting the possession of standing trees - Trees planted after the execution of agreement - Even otherwise the objections are not tenable - Transfer of Property Act stipulates the passing of property to the Transferee which is capable..........
Civil Procedure Code, 1908, Section 47 -- Specific Performance suit - Decreed - Subject matter open land - Execution - Objection regarding transfer of two rooms and trees - Never pleaded in the written statement - Not referred even in evidence - Objection before executing court for the first time - Not competent...........
Succession Act, 1925, Section 276, 213(1), Evidence Act, 1872, Section 13, 68 -- Will - Subsequent Will - Probate - Probate Court alone has jurisdiction to adjudicate upon the validity of the Will - Civil Court has no such jurisdiction even if consented to by the parties - Findings of civil Court will not operate as res judicata in probate proceedings - However, where a..........
Civil Procedure Code, 1908, Order 21, Rule 58, 66 -- Execution - Objections - Framing of issues - In normal course issues are liable to be framed - However where parties are alive to the dispute between them, the mere fact that issues have not been framed would not vitiate the validity of order passed, especially when no prejudice is shown to be caused to the objector -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101 -- Execution - Exparte decree for specific performance - Third party objections claiming to be owner in possession - Court has to decide third party objections before actual delivery of possession takes place - Court acquires jurisdiction to decide it as a question of title between the parties and adjudication..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 106(1) -- Execution - Dismissal for default - Restoration - Date on which execution application was dismissed for default was fixed for putting up records and not a date fixed for hearing - Dismissal was not under rule 105(2) and therefore provision of R.106 is not attracted - There is no time limit prescribed for..........
Succession Act, 1925, Section 63(c) -- Evidence Act, 1872, Section 68 and 69 - Will - Proof of execution - Absence of attesting witnesses as one of the attesting witness died and other joined hands with opposite party and left for foreign country - Statement made by scribe PW, who knew the testator, relied upon to prove the registered Will under Section 69 of the Evidence..........
