Limitation Act, 1963, Article 136 -- Specific performance decree - Time limit for execution of sale deed not mentioned in decree - Execution - Limitation - Mistake of Court - Period of limitation counts only after defect is rectified and not from date of decree - D.H. filed petition for amendment of decree prescribing time limit - Allowed - Period of limitation starts from..........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Agreement to sell - Land in excess of sale agreement put up for sale and purchased by D.H. - Sale bad as Court made no attempt to put up only a reasonable portion of the J.D's property - Sale set aside - J.D. directed to pay the decretal amount, interest on the principal earnest amount of Rs.3, 000/ - at the rate of 12%..........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Agreement to sell - Land in excess of sale agreement put up for sale and purchased by D.H. - Sale bad as Court made no attempt to put up only a reasonable portion of the J.D's property - Sale set aside - J.D. directed to pay the decretal amount, interest on the principal earnest amount of Rs.3, 000/- at the rate of 12%..........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Provision of O.21.R.64 is mandatory - Provision not complied with - Sale consideration of the property was in excess of execution - Sale set aside...........
Will -- In the normal connotation takes effect after the demise of the testator but in the case of nomination of a shebait, the nomination takes effect from the date of its execution though it is styled as a Will...........
Minor -- Guardian was representing the minor as his guardian - He paid sale consideration on behalf of minor and took active part in execution of sale deed in favour of his minor son - He even went to the extent to hold out that he would fight out the matter - Held, guardian was effectively representing the minor - Notice on the father and guardian was sufficient notice...........
Evidence Act, 1872, Section 68 -- Proviso - Document - Execution - Proof - Neither admission nor specific denial - Expression `specifically denied' in proviso to S.68 - Meaning - Denial to be clear and unqualified and not general - Proof of execution of document - Not dispensed with proviso - If execution not specifically denied - Not necessary to call attesting witness to..........
Evidence Act, 1872, Section 68 -- Proviso - Attachment deed as sham and nominal transaction - Not a specific denial of execution...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c) -- Amendment of plaint - Ready and willing sought to he incorporated in plaint in a suit for specific performance - Plaintiff, on lifting of ban on sale of land, starting sending words to defendant for execution of sale deed - Defendant evading execution - Same indicates that plaintiff..........
Civil Procedure Code, 1908, Section 47 -- Objection as to sale of two properties for inadequate price and secondly sale was excessive execution - Petitioner's mother had earlier agitated right and title to property and had sought setting aside of sale - That right was negatived and became final - It would not be open to petitioner to raise contentions thereafter -..........
