Will -- Proof of - Joint application signed by four sons of testator wherein they stated that testator had not left any Will, is not a ground to discard registered Will of which execution is admitted in plaint and there is no allegation of fraud and misrepresentation having been made by plaintiff - Will is proved...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution proceedings - Rent control appeal is pending at the stage for condonation of delay for more than two years - There is no stay by Appellate or Revisional Forum - Since order of delivery of property was passed nine months ago and landlord is not able to get delivery of property, question of granting stay of..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for specific performance - Defendant acquired the suit property from her father through registered settlement deed - Recitals of document clearly show that defendant is having only life interest in suit property - Defendant has no right to transfer suit property to third parties including execution of..........
Evidence Act, 1872, Section 63 -- Secondary evidence - Certified copy is secondary evidence u/s 63 of the Act, which acknowledges/recognizes existence, conditions and contents of deed, but not of its execution...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Due execution - Execution of sale deed is not proved by its vendor since scribe of sale deed admitted that he did not know vendor or his handwriting or signature - Scribe of sale deed also could not say whether vendor executed sale deed before Sub-registrar - Execution of sale deed thus, not proved being not..........
Stamp Act, 1899, Section 33 -- Impounding of document - Limitation as envisaged u/s 33(5) of the Act would be applicable only from the date when an instrument/document is produced in proceedings as indicated u/ss 33(1), 33(4) of the Act and not from the date of its execution...........
Stamp Act, 1899, Section 33 -- Deficient stamp duty - Valuation of transfer/document and deficiency of stamp duty thereupon is to be assessed as on the date of execution of such instrument and not from the date of when proceedings are initiated under the Act...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Stay of execution proceedings till disposal of first appeal - Petitioner has preferred an appeal as against judgment and decree passed in suit and he has having good case in appeal - Direction issued to First Appellate Court to dispose of appeal within a period of eight weeks...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Will -- Registered Will - Mere fact that Will is registered does not prove due execution of Will and same cannot be pressed into service in case of shortcomings in the evidence of attestor...........
