Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Vague allegations - It is alleged that defendants No.1 & 2 with intent to obstruct/delay the execution is about to remove the whole or part of its property from the local limits of the jurisdiction of the Court - No details given to show as to in what manner and which property the defendants were..........
Evidence Act, 1872, Section 68, 69, Transfer of Property Act, 1882, Section 123 -- Gift deed - Registered - Proof - One attesting witness at least must be examined to prove the valid execution of gift deed...........
Transfer of Property Act, 1882, Section 5, 122, 123, Evidence Act, 1872, Section 68 -- Release deed - It is relinquishment of some right or interest in the property to another who has already some interest in property and such interest as qualifies him for receiving or availing himself of right or interest so relinquished - Release may be gratuitous or for consideration -..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 30 -- Money decree against all the defendants including the guarantor and mortgage decree against principal debtor who had mortgaged his shop with the bank - Decree did not put any fetter on the right of the D.H. to execute it against any party whether as a money decree or as a mortgage decree - Held, D.H. is entitled..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 26 -- Mere pendency of an appeal does not amount to stay of execution proceedings - Appeal pending against dismissal of application U.O.9.R.13 CPC - No stay granted - Executing Court cannot stall execution proceedings...........
Evidence Act, 1872, Section 67 -- Document - Execution - Proof - Can be proved like any other fact by direct as well as circumstantial evidence...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree in redemption suit rejecting defence that defendant was lessee - J.D. claiming in execution proceedings that he continued to be a lessee - Rejection of claim by executing Court - High Court holding J.D. to be a lessee and mortgage deed did not terminate relationship of lessor and lessee - Held, High..........
Kerala Land Reforms Act, 1969, Section 12(1) -- Mortgage or lease - Interested persons right to prove real nature of transaction - S.12 does not permit Court to supersede findings made by Court to the effect that earlier lease came to an end with execution of transaction which purports to be a mortgage...........
Transfer of Property Act, 1882, Section 111(e), 111(f) -- Agreement of sale between landlord and tenant - Old relationship of landlord and tenant comes to end - Even after cancellation of agreement of sale - Status of tenant is not restored as such - On the date of execution of agreement of sale - Status of parties as landlord and tenant changed into a new status of a..........
Will -- Suspicious circumstances - Natural heirs deprived - Not a suspicious circumstance as in case of execution of Will natural heirs are debarred and disinherited from inheriting the property left behind the deceased...........
