Will -- Suspicious circumstances - Testator remained alive for 5 years after execution of Will - Even then Will not got registered - Not a suspicious circumstance...........
Will -- Sound and disposing mind - Certificate of Doctor on will - According to the doctor patient was in a serious condition but was mentally alert, sound and conscious - Four persons were present at the time of execution of will - Testator distributed his property in a very natural and intelligent manner as to the share and life estate to persons deserving only to that..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution for sale of property attached before judgment - Specific boundaries of property given by which property can be identified - Rejection of execution petition on the ground that door number given in attachment list and in execution petition differ - Not legal...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Exparte decree - Execution of registered deed of reconveyance - Exparte decree is executable as a contested decree - J.D. unsuccessful in his attempts to get the exparte decree set aside - It has become final - Order of Executing Court dismissing the execution petition as not maintainable - Unsustainable and the same set..........
Will -- Execution - Proof - One of the attesting witness stated that Will was executed in his presence, scribed by a deed writer and that he and the second witness signed the will in the presence of each other and the deed writer after scribing the will read it out to testator who thumb marked and signed the same and Will was entered in the register of deed writer which..........
Civil Procedure Code, 1908, Section 47 -- Execution - Even if Court has committed an error of law in passing a decree the same is executable unless and until the decree is set aside, provided the Court has complied with the necessary formalities - If the Court has relied on the exhibits produced alongwith the plaint, while passing an ex parte decree, it cannot be said that..........
Civil Procedure Code, 1908, Order 21, Rule 97, 108 -- Decree for specific performance - Execution - Delivery of possession not mentioned in decree - Possession can still be delivered in execution - Court while allowing the prayer of specific performance vests in executing Court with all the powers which are required to give full effect to the decree for specific..........
Transfer of Property Act, 1882, Section 83 -- Tenancy - Subsequently property mortgaged to tenant - Merger of two rights - There is no automatic merger of two rights - On redemption of mortgage, the tenancy rights kept in abeyance revive and entitle the tenant to continue in possession even after the redemption of mortgage - On execution of mortgage, tenancy rights would..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of appellant/defendant in second appeal - Second appeal dismissed on merits without knowledge of death of appellant - Execution against L.R's cannot be resisted on the plea that execution of decree passed in second appeal cannot be executed being nullity as passed against a dead person - Failure on the part of the L.R's..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Proviso - Gift - Execution - Proof - Registered deed of gift can be received in evidence without examining one of the attestors if the person who has executed the deed of gift has not specifically denied its execution...........
