Civil Procedure Code, 1908, Section 115, Order 21, Rule 98, 103 -- Execution - Application by third party claiming half share without dispossession - Application treated as obstruction - Order amounts to decree - Only appeal lies and no revision is maintainable against the order...........
Civil Procedure Code, 1908, Section 48 -- Execution - Limitation - 12 years - Decree passed on 29th October, 1949 and execution application filed on 16th November, 1961 - Held, execution application is barred by limitation in view of the provisions of S.48(1)(a) as it stood at the material time - Appeal dismissed...........
Agreement to sell -- Suit for specific performance - Lay out plan when not sanctioned by Municipal Corporation - Held, vendors cannot deny sale and execution of sale deed when purchasers are ready to accept lay out as proposed by Corporation and to pay the price of the site in which road as proposed by Corporation is laid...........
Will -- Registration - Mere registration of Will in itself is not sufficient to dispel all suspicions regarding execution of a Will - The Court has to be satisfied fully that the Will has been validly executed by the testator out of his free will and in proper state of mind...........
Will -- Execution - Proof - Onus to prove due execution of a Will is heavy upon its propounder - The propounder is not merely to prove the execution of the Will, in the sense that it was signed by the testator, but also to adduce evidence which removes all suspicions to the satisfaction of the Court which are found to be surrounding its due execution...........
Civil Procedure Code, 1908, Section 47 -- Execution - Order as to payment of interest - Order without jurisdiction and beyond the scope of the decree - Order set aside...........
Consumer Protection Act, 1986, Section 2, 14 -- House allotment - Possession taken after payment of full price - Additional sum demanded between tentative cost and final cost - Demand alleged to be unjust - Prayed for direction for execution of sale deed - State Commission directing execution of sale deed - Order upheld...........
Will -- Execution - Proof- If any genuine reasonable or bonafide doubt is created regarding the execution of the Will or the mental faculty of the testator a duty is cast upon the propounder and the beneficiary of the Will to remove the suspicious circumstances by placing satisfactory material on record...........
Will -- Execution - Proof- Suspicious circumstances - One of the attesting witness stated that he is closely related to one of the defendants, that he does not know whether executor is literate or illiterate, put the age of executor 85 years whereas in the will it is shown 65 years - Other attesting witness stated that will was executed by Teja Singh and it was read over..........
Transfer of Property Act, 1882, Section 54 -- Sale - Effective date - Agreement of sale and sale are independent transactions - Agreement of sale creates a right of equity only for purposes of Section 53-A of the Act - Sale is complete only with execution of sale deed and its registration - Rights under agreement of sale merge in the sale deed - Rights created under sale..........
