Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Auction sale - Ex parte order - Setting aside - Summon sent to JD's address was returned with remark that he was not residing at that old address - Summon has not been duly served upon JD - When there was no effective service on JD, Execution Court ought to have been issued a fresh notice rather than ordering..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of declaration of title and permanent injunction - Execution for restoration of possession as possession alleged to have been taken away by J.D. in violation of decree of permanent injunction - Failure of D.H. to prove that J.D. has willfully violated the said decree - Does not entail dismissal of..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - To stay execution proceedings, pre-condition is that there must be a suit pending before same Court filed by J.D. against D.H. - When two Court are different from each other then execution Court is right in denying to grant stay of execution petition proceedings before it...........
Civil Procedure Code, 1908, Order 21, Rule 58(5) -- Execution - Objections - Claim or objection U.O.21.R.58 CPC - Court refused to entertain it - Party against whom such order is made, may institute a suit to establish right in the property in dispute...........
Civil Procedure Code, 1908, Section 74 -- Resistance to execution of decree of eviction - Application filed seeking to prove documents submitted and lead evidence - Once documents filed by petitioner in support of his resistance application have not been admitted, petitioner has to be provided opportunity to prove said documents...........
Agreement to sell -- Specific performance - Vendor admitted the execution of agreement to sell as well as handing over possession of suit property to plaintiff - Trial Court rightly believed execution of agreement to sell as well as handing over possession to plaintiff and High Court rightly confirmed said findings - No interference warranted in said findings of High..........
Will -- Execution - Proof - It is incumbent on attesting witness while appearing in Court and tendering his affidavit by way of examinatio, i, chief in evidence, identify the signature of the executant and signatures of himself and other witnesses on the document, without which a document as Will is not proved...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(3)(e)(i), 19, Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, Section 29 -- Eviction proceedings - Tenancy - Review application - Reviewing common order in which revision petition was dismissed - Though there was no bar for initiating proceedings before rent controller under..........
Will -- Suspicious circumstances - Execution and registration of Will and general power of attorney on the same day does not give rise to any suspicious circumstances sufficient to ignore a registered Will...........
Will -- Suspicious circumstances - Execution and registration of gift deeds through attorney cannot be viewed with suspicion, once executant had authorized his son to act on his behalf...........
