Agreement to sell -- Specific performance - Suit for - Value of property in question was much more than what was mentioned in agreement to sell - Purchaser was in possession of property as tenant - Purchaser/tenant not paying rent to owner from date of execution of agreement - Mere agreement to sell does not confer any title on purchaser - Purchaser is not entitled to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Premature when filed - Matured during pendency of execution - Execution is liable to be dismissed if it is premature when it was filed...........
Consumer Protection Act, 1986, Section 27 -- Execution - Ex parte order - Revision against - District Forum fined the petitioner when it was not in his knowledge that the petitioner-Company had substantially complied with the order - No intention on the part of the petitioner to disobey the order of the District Forum - Impugned order as well as conviction of the..........
Will -- Sound disposing mind - Testator died a day after the execution of the Will - Nothing to show that testator was physically or mentally incapacitated from executing the Will but the same has been suspected because of 'complete absence of any medical evidence, of a doctor which would show that the testator was in a sound and disposing state of mind' - Held, there is..........
Will -- Attesting witnesses - Classmates of the son of beneficiary - Held, witnesses known to the family were natural witnesses to attest the execution - Not a suspicious circumstance...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Sale without notice to J.D. is nullity - Jurisdiction to sell the right arises in a Court only where the owner is given notice of the execution for attachment and sale of his property - On notice owner can offer his estimate as he is the person who intimately knew the value of his property prevailing in the locality...........
Stamp Act, 1899, Section 2(6), 3 -- read with - Stamp duty - It is chargeable with reference to date of execution of sale deed and not with reference to date of agreement...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 12 -- Execution - Death of D.H. during pendency of execution - Execution cannot proceed till the heirs of D.H. are substituted...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by a stranger are maintainable - All the disputes between a third party and decree holder must be decided in the execution proceeding itself...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Stay of execution during pendency of application U.O.21.R.97 - Executing Court is competent to grant stay of execution under section 151 CPC...........
