Agreement to sell -- Suit for specific performance - Defendant to obtain clearance certificate within 45 days under the Urban Land Ceiling Act - Delay in obtaining certificate does not entitle defendant to refuse to execute the sale deed - By such delay, plaintiff is at liberty to receive refund of advance amount or to claim execution of sale deed - Defendant cannot insist..........
Civil Procedure Code, 1908, Order 21, Rule 46-A, 101 -- Execution - J.D. known by two names - Objection raised that decree cannot be executed being in the name of some other person - Such question can be decided by executing Court...........
Will -- Apart from proving the due execution of Will, it is incumbent upon propounder to dispel all the suspicious circumstances surrounding the execution of the Will by leading cogent and satisfactory evidence - Such a document is to satisfy the `judicial conscience' of the Court...........
Will -- Proof - Onus to prove is on the propounder - In the absence of suspicious circumstance surrounding the execution of the Will, proof of testamen-tary capacity and the signature of the testator as required by law is sufficient to discharge the onus...........
Limitation Act, 1963, Article 59 -- Sale deed dated 29.1.1947 challenged as being void in a declaration suit filed in 1966 - Plaintiff had knowledge of execution and registration of sale deed in 1949 - Suit is time barred - Article 113 does not apply...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed for default - Restoration - Court has power to restore it under Section 151 if sufficient cause for absence is shown...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98 -- Execution - Resistance to possession - Appellant claimed independent right, title and interest and revised execution - Application U.O.21 R.97 - Court is enjoined to adjudicate claim and record a finding allowing or rejecting claim...........
Will -- Execution - Proof - Onus is on the propounder - In the absence of suspicious circumstances surrounding the execution of the Will, proof of tes-tamentary capacity and the signature of the testator as required by law is sufficient to discharge the onus - When there are suspicious circumstances, the onus is on the propounder to explain them to the satisfaction of the..........
Will -- Execution - Proof - Testator, Scribe and the attesting witnesses all present at the time of execution of the Will - Held, it proves that the testator put his thumb mark before the witnesses - Finding of lower appellate court about the due execution and attestation of Will, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought that agreement for sale is totally false and fabricated document as defendant never thumb marked the same at any occasion - Held, the amendment sought is clarificatory in nature as the petitioner had already denied the execution of agreement in..........
