Evidence Act, 1872, Section 45, 46 -- Opinion of Handwriting Expert that agreement of sale does not bear signatures of vendor - Overwhelming evidence proving execution of agreement of sale - Opinion of Handwriting Expert of no value - Court justified in rejecting opinion of Expert...........
Specific Relief Act, 1963, Section 20 -- Alternative relief of damages - Plea that as plaintiff himself claimed alternative relief of damages Court instead of ordering specific performance of agreement should order for damages - Not tenable as plaintiff lost no time in approaching Court, duly proved execution of agreement of sale and payment of earnest money whereas vendor..........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation on the basis of registered sale deed - Absence of transfer of physical possession - No bar under Sections 34 to 37 to sanction of mutation - Right of a co - owner to transfer his share through sale cannot be denied on the ground that he is not in possession - Rulings 1991 PLJ 219 and 1990 PLJ 491 that mutation cannot..........
Civil Procedure Code, 1908, Order 18, Rule 17A, 17, 2(4), Civil Procedure Code, 1908, Order 23, Rule 3 - - Application that statement of defendant may be recorded disclosing fraud on the basis of facts given in the application as previous statement of defendant before Court given under pressure and compromise recorded on misrepresentation and fraud - Objection that case..........
Civil Procedure Code, 1908, Order 41, Rule 6(2), 5 -- Stay of sale of property attached in execution proceedings - No concept of automatic stay of sale of property in execution - Provisions of Rule 6(1) and 6(2) proceed on the premise that sufficient cause should be shown to Court and then alone Court would exercise discretion - Mere fact that judgment-debtor unable to pay..........
Will -- Registered - On the next day of the execution of the Will the deceased was removed to the Hospital at Ludhiana - Endorsement made on the Will shows that it was presented for registration before the Sub Registrar at his office - According to the evidence in the previous litigation the Sub Registrar came to hospital to register the Will - Will disbelieved...........
Will -- Validity of execution - Will executed after deceased admitted to Hospital - Execution of Will on 28th February while testator died in Hospital on 6th March - Deceased suffering from serious ailment before his death - Evidence of attesting witness and scribe of Will contradictory to each other - Registration endorsement on Will shows that it was presented before..........
Civil Procedure Code, 1908, Section 47 -- Execution - Plea that suit claim was barred by limitation - Decree became final - Held, execution Court is not competent to go into merits, reappreciate the facts and come to a conclusion different from that of trial Court...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Fact of execution of document and its loss must be pleaded in the application - Both these essential ingredients are necessary for consideration of the application for secondary evidence...........
Civil Procedure Code, 1908, Order 18, Rule 2(4), 3 -- Permission to produce Expert in rebuttal evidence - Parties at issue with regard to validity of Will, very right of testator to execute Will as also execution and writing of Will disputed - No substantial injustice to defendant if Expert is permitted to be examined - Evidence of Expert may not be considered as evidence..........
