Partition -- Plaintiff had no knowledge about execution of partition deed of 1990 as alleged by defendants - Moreover, plaintiff is not a party to said partition deed - Courts below has rightly held that defendants failed to establish that plaintiff has received a sum of Rs.10,000 towards her share - As regarding plea of ouster taken by defendants, in the absence of..........
Agreement to sell -- Suit for specific performance - Execution of sale agreement and payment of advance amount itself is doubtful - Relief of specific performance not granted - Plaintiff would not be entitled to any relief, unless and until such relief was asked for by plaintiff - A decree directing return of advance amount without any alternative prayer for the return of..........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell does not confer a valid title on the plaintiff as it is not a deed of conveyance as per S.54 of the Act - At best, it only enables plaintiff to seek specific performance for execution of a sale deed and does not create an interest or charge on the suit property...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Third party objections - Wife of JD filed objections that decree has been obtained by DH by way of fraud - There is no matrimonial discord between petitioner and her husband/JD - Objection application is for all purposes is at the behest of her husband/JD only - Moreover, for totally unexplained reasons, JD did..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 74 -- (Criminal Procedure Code, 1973, S.72) - Arrest warrant - Non-execution of arrest warrant issued against certain police officers - Directions issued in Ganesh Ram vs. State of Rajasthan not been properly complied - Directions issued to summon DGP, Rajasthan to explain why a police officer, despite an arrest warrant,..........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Maintainability - Order rejecting application U.O.21.R.97 CPC filed against execution of eviction decree passed in SCC suit - Said order is revisable u/s 25 of Provincial Small Cause Courts Act - Appeal u/s 96 CPC is not maintainable against such an order - Appeal dismissed...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff already paid Rs.3,10,000 out of total sale consideration of Rs.3,90,000 at the time of execution of agreement to sell - On the targeted date plaintiff proved his presence before office of Sub Registrar - Suit filed within 8 days of second default committed by defendant - Plaintiff thus, was ready..........
Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
