Transfer of Property Act, 1882, Section 128 -- Gift deed - Debts due at the time of execution of gift deed - A person who gets the properties of donor under a gift he/she is liable personally for all the debts due and liabilities by the donor at the time of gift to the extent of properties...........
Succession Act, 1925, Section 276 -- Grant of probate - Will - Earlier probate granted without citing necessary parties was revoked - Fresh probate proceeding after 22 years was filed by propounder of Will - No explanation offered for such long delay - Scribe cum attesting witness of Will though died now was examined but not cross-examined in earlier proceedings -..........
Will -- Probate - Testator expired two days after execution of Will - There was thus, proximate nexus between death of testator and execution of Will - Applicants could not successfully rebut the respondents contention that the testator did not execute the Will out of his own volition and that he was not mentally alert and physically fit to know consequences of execution..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of encroachment - Court while directing to remove encroachment does not state on what basis Court has arrived at conclusion that there had been an encroachment - There is nothing forthcoming to prove that defendant had caused any encroachment - Impugned order set aside -..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant was well within his right to raise plea of readiness and willingness against plaintiff despite having denied execution of the agreement...........
Agreement to sell -- Specific performance - Execution of agreement in question was doubtful - Even payments as alleged by plaintiff not proved - Suit dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Limitation - No limitation is provided for execution of decree of permanent prohibitory injunction...........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Legal heirs of deceased DH can maintain execution petition against legal heirs of deceased JD in view of S.50 CPC - S.50 of CPC is not confined to a particular kind of a decree and it would cover cases relating to execution of decree for injunction as well...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Executing Court has left everything to be decided by Nazir of Court without recording any finding as to whether JDs have encroached upon suit land after passing of decree - Without undertaking such an exercise, it was not open to executing Court to pass a direction to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Mere mis description of property in the decree will not make decree inexecutable - Moreover, description of boundary does not affect the decree, since DH has already purchased the property to the extent of 4/5th share - Objections dismissed...........
