Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Execution of will and gift deed - Contention that there is no compliance with provisions of S.63 of the Indian Succession Act and S.68 of the Indian Evidence Act - Held, both the courts below have given concurrent finding on this fact - Contention cannot be accepted - No substantial..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was presented - Gift deeds were..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Validity of - Defendant-appellant have examined scribe of gift deeds and attesting witnesses - All of them including appellant DW1 have stated that when he executed the document, he was of sound mind and health - Court below discussed minor discrepancies in testimony of witnesses, minor contradictions in evidence..........
Punjab Security of Land Tenures Act, 1953, Section 14 -- Permissible area - There is nothing unlawful and illegal about land owner owning a property beyond permissible area so long as it is only held in hands of tenants within tenants' permissible area - Where land owner is owner of property in excess of permissible area but not holding the same but is merely owner of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Will -- Distinction between a repugnant provision and a defeasance provision - Where the intention of the donor is to maintain the absolute estate conferred on the donee but he simply adds some restrictions in derogation of the incidents of such absolute ownership, such restrictive clauses would be repugnant to the absolute grant and therefore void; but where the grant of..........
Hindu Succession Act, 1956, Section 14 -- Suit for succession of property - Claiming possession from children of second husband of deceased - After death of first husband and son of deceased widow, she naturally became owner of property in dispute - Allegations of plaintiff that they gifted part of property to deceased on her re-marriage after her relinquishment of rights..........
Court Fees Act, 1870, Section 7(iv)(c) -- Plaintiff filed suit seeking annulment of gift deed and sale deed to which he was not a party - Relief of possession not sought as plaintiff already in possession of property in dispute - Consequential relief of injunction was claimed - Held, plaintiff not required to pay ad-valorem court fee on the amount of consideration of gift..........
Mohammedan Law -- Gift deed - Revocation - Effect - Held, revocation of gift deed after it came into effect by donor in no way affects title obtained thereunder by donees - As there was no reservation under gift deed enabling donor to revoke that deed and it was not an onerous gift, imposing one or other conditions for performance by donees even after acceptance,..........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 3 -- Gift deed - Challenged to be forged and fabricated document - Dismissal of suit - Appeal against - Conflict of oral evidence - Duty of appellate Court - Held, when there is a conflict of oral evidence on any matter in issue and its resolution turns upon credibility of witnesses, the general rule is..........
