Transfer of Property Act, 1882, Section 107 -- Lease - No requirement of law that lease deed should be signed by both the parties - Lease is `Bilateral endeavour' of both the lessor and lessee - Merely because the document shows only the signature of one of the parties, it is not enough to conclude that the non signing party has not joined in the execution of the..........
Civil Procedure Code, 1908, Section 36 -- Execution of orders - Provisions relating to execution of decree, apply to the execution of orders also...........
Registration Act, 1908, Section 17 -- Family arrangement - Registration - Past arrangement reduced into writing to avoid disputes in future - This was the predominant object in the execution of the document - However, stray recital which may given an impression that the rights are for the first time conferred on the parties would not eclipse the predominant object with..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree - Objection as to no, impleadment of necessary party - U/s 47 of CPC the main plea raised by revision petition/judgment debtor was that the suit for specific performance filed by decree holder was bad for want of impleadment of necessary party namely, the Bank Manager - Held, ex facie and prima facie the said..........
Agreement to sell -- Specific performance - Use of old stamp papers - Agreement to sell executed on 11.10.1993 - Stamp papers dated 11.6.1993 used for execution of agreement of sale - Cast doubt on the authenticity of the agreement...........
Agreement to sell -- Specific performance - Factum of entering into agreement denied in written statement - However, it was pleaded that taking benefit of their being rustic illiterate villagers, some signed blank papers may have been used by the plaintiff for the purpose of preparation of alleged agreement of sale - Defendant not admitted execution of agreement of sale..........
Succession Act, 1925, Section 63 -- Execution of Will - Validity - PW1 stated that he had scribed Will on pre-signed plain paper and neither any witness nor executants were present at that time - He further stated that Will in question had been scribed by him at instance of appellants - Will had been scribed 20 days after death of testator - Held, execution of Will..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Original sale deed being more than 30 years old could be per se admissible in evidence, but its certified copy is not per se admissible in evidence - In present case, original sale deed has not been produced nor its execution has been proved, therefore, certified copy of sale deed is not admissible in evidence without..........
Civil Procedure Code, 1908, Section 60, Order 21 -- Execution of decree - Attachment of property - Contention that disputed property being residential property is exempted from attachment in execution proceedings - Held, contention cannot be raised by objector being third party - Since objector has failed to establish any right, title or interest in disputed property,..........
Civil Procedure Code, 1908, Section 60, Order 21 -- Execution of decree - Objection - Appellant/objector (third party) contended that decree holder has not placed any material on record to depict that JDs are owners of disputed property - Held, objection cannot be allowed to be raised - Appellant can succeed only on the basis of his claim in disputed property...........
