Will -- Proof - Defendant pleaded that testator had no right to execute the Will and he did not execute the Will with a sound mind - Will was thus admitted document which was not even required to be proved by plaintiff - Even if it is assumed that same was required to be proved, S.68 of Evidence Act does not apply - As it was proved on record that neither executant nor..........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - The phrase `admitted or proved to the satisfaction of the court' used in S.73 contemplates that specimen document taken for comparison of writing or signature in the purported document must be undisputed one and all parties to the dispute must admit the specimen signature or writing in the base document...........
Partition suit -- Suit property belongs to grandfather of parties - There was family arrangement between brothers of plaintiff's father and defendant's father and there was no partition - Defendants categorically admitted that property belongs to their grandfather - When there is admission on part of defendant in written statement itself, admitted fact need not be proved..........
Agreement to sell -- Specific performance - Defendant not coming to Court with clean hands as on one hand he pleaded that agreement is forged and fabricated document and on the other hand he sought refund of alleged balance sale consideration - Plaintiff duly proved the agreement - Suit rightly decreed in favour of plaintiff...........
Transfer of Property Act, 1882, Section 123 -- Registered Gift deed - Deceased executed registered gift deed in favour of her daughter/defendant out of love and affection, as she was taking care of deceased during his old age - Execution and registration of gift deed in favour of defendant is not disputed - There is presumption that a registered document is validly..........
Will -- Suspicious circumstances - Relations between plaintiff and defendants were admitted by DW7 - One of attesting witnesses of Will is nephew of plaintiff/beneficiary of Will - Inference drawn by trial Court that attesting witnesses of Will are strangers to testator is misplaced - Reasons given by trial Court holding that Will is surrounded by suspicious circumstances..........
Agreement to sell -- Specific performance - Plea of fraud - Defendant stated that he took a loan from plaintiff which he had returned to plaintiff's agent and asked him to return the papers, which the latter said were misplaced and did not return - However, once agent of plaintiff made him execute a registered agreement which defendant believed to be a document to secure..........
Evidence Act, 1872, Section 17 -- Admission - Execution of document - When execution of a document is either admitted or proved and no disabling factor or vitiating circumstances is alleged or proved, admission or proof of signature with necessary formalities, if any will be proof of execution with knowledge of contents at least prima facie for purpose of shifting the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Agreement to sell -- Specific performance - Time essence of contract - Execution of original agreement and extension agreement have been proved by plaintiff by his own evidence and also that of attestor PW2 - Nothing had been culled out from their cross-examination to doubt their evidence - Therefore, parties out of free will, mutually agreed to extend the time and..........
