Will -- Execution - Proof - Sub Registrar and scribe are not attesting witnesses - Where one attesting witness denied execution of Will and other witness not called to depose though available, execution of Will cannot be held to be proved on evidence of Sub Registrar and scribe...........
Will -- Registered - Execution - Proof - Mere registration of Will by itself does not prove execution of Will - Execution of Will to be proved by atleast examining one attesting witness if he is alive and subject to the process of law and capable of giving evidence...........
Evidence Act, 1872, Section 71 -- Will - One attesting witness examined who admitted his signatures but pleaded ignorance of its facts - Provision for proof of execution of Will by other independent evidence - Provision can be pressed into service only when both attesting witnesses deny knowledge of execution of Will - When only one attesting witness examined denies..........
Civil Procedure Code, 1908, Section 60(1) -- Proviso (ccc) as in Punjab and Haryana - Execution of decree against firm - A firm would also fall within category of a judgment - debtor but has no legal entity - Solitary property, a residential house purchased from funds of firm in possession and ownership of partners of firm - Cannot be subject to attachment - Merely because..........
Civil Procedure Code, 1908, Section 60 -- Attachment of property - Exclusion of property of an agriculturist - Not excluded - Only Building and Houses excluded in Sec 60 - Objection as to sale of agricultural land in execution of decree liable to be rejected - Further plea that such sale is prohibited in view of bar under S.37 of Rajasthan Tenancy Act also not tenable..........
Transfer of Property Act, 1882, Section 3, Evidence Act, 1872, Section 115, Evidence Act, 1872, Section 115 -- Attesting witness - Mere attestation of a deed does not by itself impute to the attesting witness any knowledge of its contents so as to make out a case of estoppel against said attesting witness - Attestation of a deed by itself estops a man from denying nothing..........
Evidence Act, 1872, Section 115 -- Estoppel - Attesting witness - Sale deed - Execution of - The attestation by a witness does not work as an estoppel against him - He can always deny its contents but may not be able to deny its execution...........
Punjab Town Improvement Act, 1922, Section 36, 42, Land Acquisition Act, 1894, Section 4, 6 -- After land has been finally acquired - Land acquisition proceedings cannot be challenged by land owner - Once land finally acquired, compensation paid and possession taken over - Would vest with Government, free from all encumbrances - Land owner whose land acquired for execution..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree for declaration and injunction - Parties seriously contesting issue with regard to identity of suit property - Necessary for Executing Court to frame necessary issues arising from objection petition and reply thereof and thereafter afford opportunity to parties to lead their evidence...........
Will -- Pleading - When a document is required by law to be attested then party relying upon the said document is required to plead specifically both the execution and attestation of it - In case of a Will it must be pleaded that Will was properly executed and duly attested and was the last Will of the testator - It is not enough to aver in the petition that Will was duly..........
