Civil Procedure Code, 1908, Order 21, Rule 17(1A) -- Execution - Money decree - Decree provided that plaintiff is entitled to consequent relief of realizing his withheld amount of Re-investment plan (RIP) of Rs.51097 - Entire controversy hinges in respect of said direction made in decree - Whether realization of withheld amount of RIP of Rs.51097 would mean merely a sum of..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Suit dismissed as withdrawn - Execution proceedings cannot be initiated in absence of a decree or executable order - Execution proceedings and all subsequent proceedings on the basis of said execution proceedings are illegal, null and void...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction decree on basis of compromise - Compromise made part of judgment - Decree not set aside by any Competent Court - Operation of decree not stayed by any Court - Decree is liable to be executed as J.D. has not honoured terms and condition of compromise - Objections raised by J.D. to bring on record..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree not held by any competent Court to be nullity - Decree not against any provisions of law or without jurisdiction - Objections rightly dismissed...........
Will -- Will in question executed on 4.11.2009 - However, testatrix expired on 17.12.2009, which is in close vicinity of date of execution of alleged Will - More so, Will in question registered on 4.10.2012 about 3 years after alleged execution of Will and after death of testatrix - Will is not reliable...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Period of limitation starts from date of refusal of execution of agreement, as defined under the agreement or from date of knowledge of fraud, if any, found committed in the alleged agreement...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Agreement to sell -- Specific performance - Plea of execution of sale agreement as security for loan advanced by defendant - Property worth Rs.50 lakhs agreed to be sold for Rs.15 lakhs - Rs.14.75 lakhs advanced on the date of execution of sale agreement - Time limit of three years fixed for payment of balance sale consideration of Rs.25,000/- - From the terms and..........
Agreement to sell -- Specific performance - Agreement in question was executed as a security for repayment of loan - Date for execution of sale deed was extended despite plaintiff having paid more than 95% of sale consideration - Had it been true that parties actually intended to sell/purchase land and plaintiff had paid Rs.5,80,000 out of 6 lakhs without his being in..........
