Civil Procedure Code, 1908, Section 100 -- Second appeal - Specific performance - Defendant an old illiterate and rustic villager who is a widow denied execution of agreement - An earlier attempt made by close relation of respondent to grab the property by setting up a will - Litigation with regard to that ended on 17.10.1984 when Second Appeal filed by close relation of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed against defendant before the date fixed for execution of sale deed - Suit for specific performance filed after the date fixed for execution of sale deed - Held, suit for specific performance is not barred U.O.2.R.2 CPC as cause of action for both the suits is different -..........
Evidence Act, 1872, Section 68 -- Document - Proof - Document required to be attested is to be proved by examining atleast one attesting witness - However, when execution of a document is not denied it is not necessary to prove the document by examining any scribe or attesting witness or the executant, more so in respect of a registered document...........
Civil Procedure Code, 1908, Order 21, Rule 99, 100 -- Application U.O.21.Rr.99 & 100 - Requirement for consideration of application is whether applicant claimed a right independent of the judgment debtor or not - A person claiming through or under J.D. may be dispossessed in execution of a decree passed against J.D. but not when he is in possession of the premises in..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100 -- Redelivery/Restoration of possession to person dispossessed in execution of decree - For purpose of Order 21 Rules 99 and 100 what is required to be considered whether applicant claims a right independent of judgment - debtor or not - A person claiming through or under judgment - debtor - May be dispossessed in..........
Will -- Suspicious circumstances - Both the attesting witnesses are Doctors who at the time of execution of Will were not giving treatment to the executant - It is not the duty of a Doctor to write a will - Testator thumb marked the will in the middle and attesting witnesses signed on the left and right side - It is quite abnormal - Generally the testator signs the Will on..........
Succession Act, 1925, Section 63 -- Will, validity of - Suspicious circumstances - (1) not mentioned that testator having two daughters, (2) no mention regarding alleged family settlement, (3) no evidence to prove that testator mentally and physically fit to know and understand about execution of Will, (4) Will not registered, (5) no explanation why Will written by a..........
Transfer of Property Act, 1882, Section 53A -- Sale of property on basis of power of attorney, agreement to sell, affidavit and will - On receipt of entire sale consideration amount power of attorney executed in favour of vendee and he put into possession of the premises - Contract of sale of immovable property though does not create any interest in or charge on such..........
Succession Act, 1925, Section 63 -- Will - Execution of - Proof - The will a registered documents more than 30 years old - Witness categorically stated that `K' signed the will in his presence and the same was attested by `D' - Held that it satisfies the requirements of Section 63 of the Act...........
Civil Procedure Code, 1908, Order 37, Rule 4, 7, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Setting aside of ex parte decree in a suit under Order 37 - Rule 4 specifically provides for it - Provisions of Order 9 Rule 13 not applicable - Power under Rule 4 not confined to setting aside ex parte decree - Extends to staying or setting aside execution and giving..........
