Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104 -- Suit for specific performance - Objections by son that suit property is a joint Hindu family and coparcenary property and that decree cannot be executed against him - Held, son has no right to intervene in the process of sale at this stage - Coparcener shall have right to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104 -- Execution - Objections - Framing of issues - Merely because frivolous and vexatious objections are filed with a view to delay and defeat the execution of the decree, it is not necessary that Court must frame issues and grant opportunity to the parties to lead evidence...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -(As applicable to Punjab and Haryana) - Execution - Decree of specific performance - Exemption of attachment and sale of one residential house - Exemption is not available in case of execution of decree of specific performance as residential house is not attached or sold in execution of decree but decree for specific..........
Agreement to sell -- Suit for specific performance - Proof of agreement to sell - Date fixed for registration of sale deed after a gap of four years - Clause in agreement that if any of the owners die before execution of sale deed, legal representatives would be bound to execute the sale deed - Held, fixing of long period of execution of sale deed is beyond one's..........
Civil Procedure Code, 1908, Order 12, Rule 2A, Evidence Act, 1872, Section 45 -- Handwriting expert - Permission for compassion of signatures - Execution of sale deed by plaintiff conveying family house to defendant - Agreement styled as possessory agreement permitting plaintiff and his family members to remain in possession - Total denial by defendant of execution of such..........
Civil Procedure Code, 1908, Section 34 -- Interest - Agreement to sell - Decree for return of earnest money - Agreement to sell executed as a collateral security for repayment of loan or debt - Loan taken in the year 1990 and defendant denied the execution of agreement itself - Interest pendente lite and future interest allowed at the rate of 12% per annum...........
Will -- Execution - Proof - Attesting witness - Minor discrepancies as to witness not knowing the exact month and date etc. - Not material when witness is examined after 4 years of execution of will - Attesting witness deposed that he saw testator executing Will and attested same along with another witness - Will duly proved...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution proceeding - Possession delivered to DH - Objection by LR's of deceased JD - Order of Executing Court treating application as not maintainable merely on ground that Execution Petition was closed - Not proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction against dispossession - Plea that plaintiff is in possession of property in pursuance of agreement to sale entered into between him and owner - Subsequently, owner of property entered into agreement to sale suit property to defendant No.2 hence injunction sought - Execution of agreement to sell..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution proceeding - Arrest and detention of Judgment debtor - Order directing his committal to civil prison - No steps as contemplated under Sec.51 and Order 21, C.P.C. was followed - Execution Court ought to have exhibited care and caution to ensure that each step is followed scrupulously - Order committing petitioner to..........
