Transfer of Property Act, 1882, Section 107 -- Unregistered lease agreement - Void - But if the tenant paid rent after execution of the deed a relationship of landlord and tenant came into existence and a lease from month to month has to be inferred...........
Will -- Non production of will for a long period - Propounder was child when Will was executed - Propounder found the Will in an almirah in a room about 16 years after its execution - Inventory of property taken by..........
Will -- Executed in the year 1917 - Will registered - Its genuineness disputed - Witnesses available to prove that attestation of one attesting witnesses is in his handwriting and signature of person executing document is in handwriting of that person- Presumption u/s 90 Evidence Act regarding due execution and attestation of Will cannot be raised - Will could not be..........
Agreement to sell -- Specific performance - Delivery receipt of property found to be forged - False case put forward by plaintiffs regarding convening of panchayat for execution of sale deed - Relief of specific performance can be refused when plaintiffs does not come forward with clean hands for equitable relief...........
Civil Procedure Code, 1908, Section 47 -- Decree whether passed after con-test or by compromise is executable unless the right to execute the decree is restricted by expressly or by necessary implication, either by the terms of the decree or by the provisions of law - it is not necessary that the decree must contain in it a clause for initiation of execution proceedings,..........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Decree for specific performance - Before execution J.D. transferred the property subject matter of decree - Transferees are bound by the decree - Objections of transferees to the execution of decree that the decree is not binding on them as they were not parties to the suit and that they..........
Civil Procedure Code, 1908, Section 47&, Transfer of Property Act, 1882, Section 52 -- Decree for specific performance passed - Property transferred - Transferees raising objection in execution that the decree is not binding on them as they were not party to the suit and the decree is not executable against them as they are bonafide tansferees for value - Order of Courts..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Order as to furnish security not served upon the defendant - Failure of defendant to enquire about it does not debar him from challenging it - Validity could be raised in execution - Plea of waiver of such right should be alleged and proved...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Decree in terms of compromise - Copy filed by petitioner as original was in possession of defendant - Defendant denying execution of any such compromise - Trial Court recording evidence showing that parties did enter into compromise - Copy filed in Court duly signed by defendant identified by Advocate - There is no evidence..........
Will -- Suspicious circumstances - May be as to the genuineness of the signature of the testator, condition of testator's mind, disposition made in the Will being unnatural, improbable or unfair in the light of relevant circumstances or there may be other indications in the Will to show that testators mind was not free - If the propounder himself takes part in the..........
