Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Restoration of application U.O.21.R.97 CPC dismissed in default - Application filed on the pretext that counsel was ailing - No evidence, as such, placed on record in support of their contention - It cannot be ruled out that recourse to application U.O.21.R.97 CPC was adopted to install execution proceedings..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Decree for specific performance - Description of property found different during execution proceeding - Court Amin made an endorsement and returned warrant of delivery of possession in respect of suit property for the reason that description of property differs from sale deed executed in favour of plaintiff -..........
Agreement to sell -- Specific performance - Decree for specific performance cannot be granted merely on proof of execution of agreement - Court is bound to look upon real intent of parties at the time of execution of agreement - If it is found that agreement, prima facie, is for some other purpose than for sale of land and sale agreement becomes operative as a consequence..........
Agreement to sell -- Specific performance - Agreement recites that loan is advanced to defendants, which they shall return after selling land for which plaintiff will have no objection - But if defendants failed to return the loan amount, plaintiff can get execution sale deed - It is thus, not a agreement to sell simpliciter - Agreement primarily is security for..........
Will -- Proof of - Defendant claimed her title on basis of Will of 1932, executed by her maternal uncle - Attesting witnesses of said Will proved the execution of said Will - Testator execute Will of 1932 by revoking earlier Will of 1930 executed by testator - DW4 examined to prove that testator was not illiterate person, as claimed by plaintiff rather he was an educated..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Executed in favour of Gurudwara - Property of senior citizen - Suit property was situated near Gurudwara and was left locked from outside - Brother of senior citizen executed gift deed of suit property in favour of Gurudwara - Senior citizen was not aware about gift..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Interest on solatium - Claim for interest on solatium would be payable if reference Court has either not referred to it or has not rejected it expressly or by necessary implication - Moreover, claim can only be made in pending execution proceeding - In the instant case, claim for interest on..........
Agreement to sell -- Specific performance - Refund of earnest money - Defendant admitted not only in his pleadings but also in evidence as to receipt of payment and execution of agreement, which is also a registered agreement, thus, he cannot say that amount cannot be refunded merely because he pleaded that it is a money transaction and such amount cannot be refunded in a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
Suit for possession -- Suit for possession on basis of Will - Will executed in favour of plaintiff by her father-in-law, which was duly registered - Evidence of PW1 and PW2 with regard to execution of Will considered by trial Court while decreeing suit on favour of plaintiff - Suit for cancellation of Will filed by defendant dismissed by civil Court - Plaintiff is lawful..........
