Will -- Validity of - Will consists of four pages, first page bears alleged signatures of executant as also his thumb - impression, other three pages bear only thumb - impression - Alleged signatures on first page a mere scrawl - Indicates not only physical but perhaps mental incapacity of testator - Thumb - impression on last page does not indicate that it was so placed..........
Limitation Act, 1963, Section 14 -- Provision is wide enough to cover period covered by execution proceedings...........
Sale deed -- Cancellation - Allegation of fraud by purchaser in execution of sale deed - Seller, a illiterate lady - Amount of consideration nominal and below market value of land - Sale deed is liable to be cancelled...........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Mortgage - Suit for foreclosure - Final decree - Appellant purchaser of property in mortgage decree - Respondents purchased same property in execution of money decree which was obtained against mortgagor - Held, respondent is entitled to make application U.O.34.R.5 CPC...........
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 92 -- Mortgage - Suit for foreclosure - Final decree - Appellant purchaser of property in mortgage decree - Respondents purchased same property in execution of money decree which was obtained against mortgagor - Application U.O.34.R.5 by respondent - Procedure prescribed U.O.21.R.92..........
Contract Act, 1872, Section 65, Limitation Act, 1963, Article 47 -- Transfer of property by registered sale deed - Suit for possession or in alternative refund of amount of consideration - Sale deed found void - Transferor admitted execution of sale deed and receipt of amount of consideration - Refusal to grant relief of refund of amount of consideration in suit filed..........
Will -- Execution - Attesting witness - Discrepancies - Statements of witnesses recorded after a gap of about more than six years - Human memory fades with the passage of time - However, their statements corroborate with each other so far those relate to material particulars - Will cannot be said to be surrounded by suspicious circumstances...........
Will -- Execution - Proof - Will otherwise proved by cogent evidence - Marginal witness not stating that he signed the Will in presence of executant - It cannot be laid as an absolute proposition that the same was not duly attested...........
Will -- Execution - Presence of attesting witnesses at time of execution and attestation of Will not proved to be improbable - No proof that witnesses were not present at time of execution and attestation of Will - Attestation of Will cannot be doubted on ground that no person was called from the locality to witness the Will - It is for the executant to decide as to who..........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 4(4) -- Decree against dead person - Execution - Decree passed against a dead person without impleading his L.R's is a nullity and inexecutable - Held, Executing Court did not commit any jurisdictional error in dismissing the execution proceedings...........
