Document -- Document whether sale with condition of repurchase or a mortgage with conditional sale - No transfer of ownership on the date of execution but only a right to remain in possession of the property had been given with further condition that in case the original executants failed to pay the money by a stipulated date, another sale deed is to be executed - Mere..........
Will -- Proof - Apart from proving due execution of a Will, the propounder of the Will is under an obligation to dispel all the suspicious circumstances, in which it may be shrouded...........
Will -- Suspicious circumstances - (1) Variation in statement of marginal witnesses about the date of death of testator and execution of Will (2) Will not registered though facility was available (3) No reasons given to deprive close relatives (4) Rendering of services not proved (5) Variation in statement regarding preparation of draft of Will (6) Scribe stated that lady..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution of decree - Resistance by stranger who is in possession in his own right - Right of stranger has to be decided by executing Court after giving opportunity of hearing to the stranger and decree holder - It is not correct for High Court to hold that such a stranger has first to vacate and then approach under..........
Will -- Testator died on 28.4.1968 - Will alleged to be executed on 1.5.1968 - Held, execution of valid will is not proved - Document is forged, fictitious and manufactured document...........
Civil Procedure Code, 1908, Order 21, Rule 19 -- Execution in case of cross-claims under same decree - Words `application for execution of a decree under which two parties are entitled to recover sums of money' - There should be two rival claims by contesting parties against each other arising out of very same decree which is sought to be executed by one of the parties..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 16 -- Person approaching Court claiming that he is representative of decree holder's interest - Decree holder dis-puting it - Held, the execution Court has to resolve the dispute for proceeding with the execution of the decree...........
Punjab Town Improvement Act, Section 36 -- Re-housing scheme for ousted tenants-Not necessary in law-Section 36 only enabling provision-For the Improvement Trust to decide in a particular case whether it deems necessary to prepare a scheme for accommodation of tenants or any other persons likely to be displaced by execution of any scheme...........
Punjab Security of Land Tenures Act, Section 9 -- Tenant inducted by vendee of pre-emptible property-Sale successfully pre-empted-Tenant not liable to be dispossessed in execution of pre-emption decree-Covered under definition of tenant in Section 4(5) Punjab Tenancy Act-Section 9 specifically bars ejectment of a tenant except under certain conditions-Tenant cannot be..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Questions relating to execution, discharge or satisfaction of decree u/s 47 can be exercised subject to the restriction placed by Order 21.R.2 which contain special provisions - Held, the general provision under S.47 had, therefore, to yield to the special provisions contained in O.21.R.2 - General provision must..........
