Will -- Registration - Presumption of due execution - Available to a compulsorily registrable document only - Not available to a registered Will as registration of Will is optional...........
Will -- Execution - Proof - One of attesting witness admitted that he was not present at the time when Will was signed by testator and other attesting witness - Other attesting witness not examined - Execution of Will thus, not proved in accordance with law - Will ought not to have been admitted in evidence being not proved...........
Agreement to sell -- Specific performance - Ready and willing - Plaint and documents on record shows that it was specifically pleaded that buyer was ready and willing to perform his part of contract - Even evidence of PW1 proves readiness and willingness on part of buyer, as buyer has taken prompt steps to file suit for specific performance as soon as execution of sale..........
Agreement to sell -- Specific performance - Equitable relief - Execution of contract made subject to satisfactory survey which is binding obligation upon seller - However, seller failed to perform his part of obligation to satisfaction of buyer - Buyer on other hand was ready and willing to perform his part of contract - Moreover, it is seller who always tried to wriggle..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Objections - Disputes inter se between JDs cannot be adjudicated u/s 47 CPC or U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58 -- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
Agreement to sell -- Genuineness - Agreement in question is in writing and duly signed by two attesting witnesses - Defendant failed to produce any evidence to prove that agreement to sell is result of fraud - Moreover, on date of execution of agreement to sell, defendant appointed plaintiff as his GPA and executed Will in favour of plaintiff with respect to suit property..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objections raised on facts - Cannot be enquired into execution proceedings...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot go behind the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to nullity of decree - Objection neither raised before Executing Court or first appellate Court or High Court - It cannot be allowed to be raised for the first time before Supreme Court - Objection rejected...........
