Agreement to sell -- Executed on stamp paper purchased in the name of wife of plaintiff - It is of no consequence (i) when execution of agreement is not in dispute (ii) Agreement was exhibited without any objection; (iii) Even if it is irregularity, the same has been waived by the defendant; (iv) Even otherwise when document is not properly stamped, Court can only deem the..........
Will -- Execution - Proof - One attesting witness examined and he only admitted his signatures on the Will - In cross examination he admitted that he never visited the place where Will was executed - Scribe did not produce any scribe register to prove the presence of the witnesses or the executant at the time of registration of the Will - Plaintiff failed to prove due..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Restoration of possession of suit property to decree holder can be ordered if direction of permanent injunction is violated by J.D. - Executing Court even by invoking S.151 CPC can order delivery of possession to D.H. who is dispossessed in violation of decree of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction on the basis of possession - Plaintiff-appellant failed to prove his lawful possession over the suit land - Plaintiff-appellant dispossessed from the suit property in execution of warrants of possession issued by the competent court in favour of the respondent - Possession delivered to..........
Will -- Execution - Proof - Onus is on the propounder - In absence of suspicious circumstances surrounding execution of Will, proof of testamentary capacity and proof of signature of testator, as required by law, is sufficient to discharge the onus - When there are suspicious circumstances then onus is on propounder to remove those suspicious circumstances - Suspicious..........
Will -- Suspicious circumstances - Following circumstances can be treated as suspicious circumstances, viz. (a) The signature of the testator may be very shaky and doubtful or not appears to be his usual signature; (b) The condition of the testator's mind may be very feeble and debilitated; (c) The dispositions made in the Will may be unnatural, improbable or unfair in the..........
Will -- Suspicious circumstances - Propounder of Will has paramount responsibility to prove Will - In case there are any suspicious circumstances surrounding execution of Will, it has to be cleared to satisfaction of Court so as to act upon it...........
Specific Relief Act, 1963, Section 22(2), 16(c), Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - suit for specific performance - In a suit for specific performance ingredients of S.16(c) Specific Relief Act must be satisfied - Suit decided without dealing with the matter raised in the suit - Failure to prove execution of agreement - 16 co-owners not..........
Agreement to sell -- Specific performance - Defendant having no title over the suit property on the date of execution of agreement or on the date of filing of suit or subsequent thereto - Held, when defendant himself had no title, the question of conveying any valid title to the plaintiff in respect of the suit property does not arise...........
Consumer Protection Act, 1986, Section 25(3) -- Execution of decree - In a compromise before the Lok Adalat petitioner - OP themselves agreed to pay the complainant interest @ 18% instead of interest 8% for their failure to pay the decreetal amount within a period of one month - The order attained finality - Revisionary Fora cannot go behind this order - From perusal of..........
