Civil Procedure Code, 1908, Section 11, 2(2), Order 21, Rule 22, 23 -- Res judicata - Applies to execution proceedings - J.D. did not file objections to execution of decree in pursuance of notice U.O.21.R.22 within prescribed time - Court proceeding with attachment of property U.O.21.R.23 - J.D. thereafter is precluded from filing objections to continuance of execution..........
Agreement to sell -- Suit for specific performance - Agreement executed by defendant to sell property owned by her and her son-in-law - Both plaintiff and defendant aware that defendant had title only to half share in the property - S.12 Specific Relief Act is not applicable to such a case - It applies only to cases where the parties to the agreement subsequently found..........
Will -- Suspicious circumstances - Will not produced for sanction of mutation for six years - Mutation sanctioned in favour of appellant but respondent did not challenge it - Will in original or copy thereof not produced alongwith plaint - No reason for exclusion of daughter/legal heir from her inheritance - Will drafted by someone in the village and not by a deed writer..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Executing Court has no power to determine the rights of the parties with regard to all or any of the matters in controversy in the suit - Executing Court cannot decline to execute decree on ground that charge created by decree on property is invalid...........
Limitation Act, 1963, Article 136, 105 -- Maintenance - Limitation for execution of decree for maintenance is 12 years from date when decree becomes enforceable - Limitation of three years prescribed in Article 105 of Limitation Act is not applicable as application is not a suit for recovery of arrears of maintenance - Whole of decree is enforceable against husband on..........
Civil Procedure Code, 1908, Order 22, Rule 5, Succession Act, 1925, Section 214 -- L.R's need not to obtain succession certificate to be brought on record in an already instituted execution petition...........
Agreement to sell -- Execution if admitted and it is acted upon mutually by the parties by payment and delivery of possession, the fact that the agreement was not signed even if it is so assumed, would be hardly of any consequence...........
Civil Procedure Code, 1908, Order 21, Rule 35(1), 35(2) -- Decree for joint possession - Procedure prescribed for execution is provided in O.21.R. 35(2) and not rule 35(1) - Warrant only for symbolic possession can be issued when a decree for joint possession is under execution - Actual possession can be taken by the decree-holder only by way of partition in accordance..........
Agreement to sell -- Suit for specific performance - Fraud and misrepresentation - Plea of vendee that vendor misrepresented about quality of land and played fraud on him - No evidence to show that property was of inferior quality - Vendee not recommending for termination of agreement - After execution of agreement there was also payment of balance consideration amount -..........
Agreement to sell -- Suit for specific performance - Delay or laches - All payments due to the vendor made by vendee and vendee put into possession - Only thing that remained to be done was execution of sale deed by vendor in favour of the vendee - Notice given by vendee after four years of execution of agreement - Held, no delay or laches can be inferred on part of..........
