Civil Procedure Code, 1908, Section 47 -- Bar of separate suit - Does not apply when possession was given in lieu of or in execution of decree but subsequently decree-holder was dispossessed - This dispossession gives rise to a new cause of action for suit...........
Deed -- Executed in a language not known to the executant - Proof of execution - Not valid without proof that contents were explained and deed was executed after understanding the contents...........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for specific performance Consent decree passed on undertaking given by defendant that no third party rights would be created in suit property - In breach of undertaking third party rights created - In execution third party claiming tenancy rights - Creation of tenancy in breach of undertaking itself being nullity,..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 10 -- Bar of jurisdiction - Provision creates a bar only for grant of injunction against the execution of orders passed by the Estate Officer and the appellate authority - The jurisdiction of the Court to adjudicate on the question whether a person was a tenant or not has not been taken away of S.10...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Execution - High Court converted the proceedings into claims and counter-claims to which the second respondent was not a party - Held, the High Court acted against all notions of law in execution - Order of High Court set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Only such part of the property is to be sold in execution which is sufficient to satisfy the decree...........
Will -- Execution - Proof- Document writer - When he signs the Will only in his capacity as a document writer, he cannot be treated as an attesting witness...........
Will -- Suspicious circumstances - When some suspicious circumstances surrounding the Will are noticed, it is incumbent upon the propounder to prover beyond any manner of doubt the due execution of Will and remove all suspicious circumstances - Scribe of the Will a layman - Will found written in a technical language - No explanation why it was not got written from a..........
Sale deed -- Not required by law to be attested - Even if some marginal witnesses had attested it, for the proof of its execution S.68 of Evidence Act cannot be invoked. (Evidence Act, 1872, S.68)..........
Evidence Act, 1872, Section 68 -- Sale deed - Not required by law to be attested - Even if some marginal witnesses had attested it, for the proof of its execution S.68 of Evidence Act cannot be invoked...........
