Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit or partition of joint properties and for permanent injunction - Defendant pleading partition by relying on family settlement and the execution of the document dated 16.4.1990 - Plaintiff denying partition by family settlement or execution of document - Real issues between parties to be decided..........
Specific Relief Act, 1963, Section 18 -- Non-enforcement except with variation - When the defendant sets up a variation then the plaintiff may have the contract specifically performed subject to the variation so set up only in cases of fraud, mistake of fact or misrepresentation or where the contract has failed to produce a certain legal result which the contract was..........
Specific Relief Act, Section 28 -- Recession of contract - Decree for specific performance directed defendant to execute sale deed on payment of balance sale price and get it registered within two months - Payment of sale consideration - Condition precedent for execution of sale deed - Plaintiff failed to deposit balance sale consideration within period fixed by Court and..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Money decree, execution of - Bank guarantee - Executing Court has no power to direct decree - holder to furnish bank guarantee while withdrawing amount deposited by judgment - debtor - Release of amount subject to decree - holder undertaking to refund the same - Sufficient...........
Will -- Law requires proof of execution - Witnesses present at time of registration - Proves registration only - Would not prove execution of Will...........
Civil Procedure Code, 1908, Section 96 -- Agreement to sell - Existence and validity - None of attesting witnesses to agreement produced by appellants - Alleged agreement indicates ambiguity with regard to payment of consideration - No evidence that balance consideration was paid subsequent to execution of alleged agreement - Appellant failed to prove existence and..........
Will -- Execution - Proof - S.63 of Succession Act requires a Will to be attested by at least two witnesses and it cannot be used as evidence unless at least one witness is examined to prove its execution - Where Will is surrounded by suspicious circumstances, the suspicion cannot be removed by mere assertion of the propounder of the Will that the Will bears the signatures..........
Will -- Proof of - Does not ordinarily differ from that of other documents except special requirement of attestation by at least two witnesses - Cannot be used as evidence unless at least one attesting witness has been called for purpose of proving execution - Execution of Will if surrounded by suspicious circumstances - Suspicion cannot be removed by mere assertion of..........
Transfer of Property Act, 1882, Section 123 -- Gift deed executed by original owner, presented for registration by a duly authorised power of attorney, document duly attested by two witnesses out of whom one witness examined to prove the deed - Nothing more required to be done to satisfy requirements of Section 123 particularly when no specific denial taken to execution or..........
Transfer of Property Act, 1882, Section 3, 123 -- Validity of execution/ attestation of/in the deed - Mixed question of fact and law - Not a pure question of law - Objection not raised regarding validity of execution/attestation of/in the deed - Cannot be raised for the first time before Appellate Court - Evidence Act, Section 68...........
