Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - No resistance was offered by any purported stranger/encroacher to decree - In the absence of such resistance, executing Court had no occasion to invoke O.21.Rr.97 to 101 CPC at the instance of DH or otherwise...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - D.H. loosing possession - Execution petition cannot be dismissed by treating decree to be inexecutable - Rather Executing Court has to issue warrant of possession for delivery of possession and if any resistance is offered by any stranger to the decree, same is to be adjudicated upon in..........
Will -- Execution of Will in favour of grandson and son of plaintiff - If plaintiff had influenced his father to execute Will in favour of his son then testator could have revoked it any time later - Will not found to be tainted with any strong suspicion...........
Will -- Proof of - Execution of Will by testator in favour of his grandson/son of plaintiff to the exclusion of sons and daughters - Sons of testator are well placed in life - Nothing is placed on record that testator was under care and custody of plaintiff - Moreover, if Will was executed due to foul play committed by plaintiff, other siblings would not have unanimously..........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Execution - Auction sale - Setting aside - If there is non-compliance of mandatory provision of O.21.R.64 CPC, it cannot be said that failure of JD to question proclamation then and there would disentitle him from raising that question at post sale stage...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - On execution and registration of a sale deed containing recitals regarding payment of consideration and delivery of possession, sale is complete even if sale price is not paid and therefore it will not be possible to cancel the sale deed in its entirety - However, exception to said rule is the practice of ta khubzul..........
Stamp Act, 1899, Section 47A -- Proceedings u/s 47A of the Act can be initiated within a period of 3 years from the date of execution of sale deed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for injunction - Condition precedent for invoking provision of O.21.R.32 CPC is that Court should give a specific finding that J.D. had an opportunity to comply with the decree and despite such opportunity, he wilfully disobeyed the same...........
