Will -- Suspicious circumstances - Second wife and daughters excluded leaving them almost destitute by not providing even for their maintenance - No reason mentioned - Original Will not produced and no satisfactory explanation given for non production of the original Will - Failure of propounder to produce Will in original cannot be made good by oral evidence of alleged..........
Will -- Execution - Proof - Original not produced - Permission of the Court to lead secondary evidence not sought - Register from the office of Sub Registrar to prove due execution of Will not summoned - Evidence given by the scribe and attestor of the Will and marking certified copy of Will is not sufficient to prove due execution of Will...........
Will -- Execution - Proof - Witness being vendee of property sold to him by legatee of alleged Will - His evidence has to be rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - High Court not to interfere except in cases where it is found that the Courts below ignored the weight of preponderating circumstances and allowed the judgments to be influenced by inconsequential matters, where the concurrent findings of facts are vitiated by non-consideration of..........
Evidence Act, 1872, Section 68 -- Registered document - Proof - Except in case of a Will it is not necessary to call an attesting witness, unless the execution has been specifically denied by the person by whom it purports to have been executed...........
Evidence Act, 1872, Section 68, 69 -- Document - Execution - Proof - Execution of a document which is required to be attested by witnesses - For proof of such document, it will be necessary to call an attesting witness, if alive and capable of giving evidence - Where document is registered, it is not necessary to call the attesting witness except in the case of a Will,..........
Evidence Act, 1872, Section 65, 68, 71 -- Document - Execution - Proof - Certified copy - Plaintiff filing certified copy of mortgage deed calling upon mortgagee to file original - Refusal by defendant - Defendant admitting in written statement that mortgage deed was executed but contending that it was executed to circumvent Rent Control Legislation - Plaintiff not..........
Evidence Act, 1872, Section 68, 65(a) -- Proof of registered mortgage deed - Execution not denied but contended that deed executed to circumvent Rent Control Legislation - Not necessary to call any attestor into witness box - Certified copy filed of registered mortgage deed and defendant when called upon refused to file original - Mortgage deed stood proved by certified..........
Limitation Act, 1963, Article 134 -- Auction purchaser - Application for taking actual physical possession - Limitation is one year from the date when sale becomes absolute - Sale became absolute on 25.10.1982 and application for possession filed on 28.10.1986 - Injunction in a suit filed by third parties not to disturb their symbolic possession to extent of 2/5th share in..........
Will -- 30 Years old - Presumption in terms of S.90 of the Evidence Act is available to Will - When the presumption of execution and attestation of a Will is available then propounder need not further prove that the testator had signed it or he need not further prove the signature of the testator in the document. (Evidence Act, 1872, S.90)...........
