Registration Act, 1908, Section 60, Evidence Act, 1872, Section 114 -- Registration procedure - Certificate of Registering Officer proving registration of document - Plaintiff not adduced any other evidence - Therefore, certificate of registration can be taken as piece of evidence to prove execution of document - When document is duly registered certain presumptions follow..........
Agreement to sell -- Suit for specific performance - Agreement itself providing as to what is to happen if either the seller refuses to sell or the purchaser refuses to buy - Agreement very categorical in envisaging that a sale deed is to be executed only if both the parties agree to do so and in the event of anyone of them resiling from the same there was to be no..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Where the objections at the face of it are frivolous, malafide and are intended to obstruct the process of law, there is no restriction on the powers of the Court to summarily reject such objections...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence, permission to produce - Necessary for party to prove existence and execution of original document - Court should insist upon proof of existence of original and the loss thereof before allowing to lead secondary evidence - Allowing of additional evidence subject to proof of loss of original - Wholly irrelevant -..........
Will -- Wife excluded - Propounder taking leading role in preparation as well as execution of Will - No mention in the Will as to what were the debts of the executant which were to be repaid before the remaining assets were to be bequeathed upon the beneficiary - These circumstances create suspicion about the genuineness of the will...........
Transfer of Property Act, 1882, Section 122 -- Gift - Acceptance - Need not be immediate as on the date of execution of the deed - Such acceptance should take place during the life time of the donor...........
Limitation Act, 1963, Article 113 -- Possession of plaintiffs being threatened in the garb of mutation but basic suit for relief of injunction - On date of institution of suit plaintiffs being disturbed from possession in execution of order of Collector passed under Section 18 Punjab Security of Land Tenures Act in pursuance of which mutation sanctioned - Cause of action..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Competency of advocate engaged earlier to make application for setting aside ex parte decree - Vakalatnama of advocate engaged earlier does not come to an end with execution of Vakalatnama in favour of another advocate - Both could act and plead - Advocate engaged earlier is competent to file..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Appeal - Pendency of application for condoning delay - Appellate Court, till then, is prevented from considering the application for stay of execution - Held, Executing Court can grant stay of execution in the meantime invoking the power U.O.21.R.26 CPC...........
Civil Procedure Code, 1908, Section 151 -- Execution - Property sold - Amount more than sale warrant realised - Amount deposed in Bank - Due to certain events the matter was kept pending for a considerable time - Considerable interest accrued on the amount deposited in Bank - Sale confirmed and property delivered to auction purchaser - Who is entitled to interest accrued?..........
