Evidence Act, 1872, Section 68, 65(a) -- Proof of registered mortgage deed - Execution not denied but contended that deed executed to circumvent Rent Control Legislation - Not necessary to call any attestor into witness box - Certified copy filed of registered mortgage deed and defendant when called upon refused to file original - Mortgage deed stood proved by certified..........
Limitation Act, 1963, Article 134 -- Auction purchaser - Application for taking actual physical possession - Limitation is one year from the date when sale becomes absolute - Sale became absolute on 25.10.1982 and application for possession filed on 28.10.1986 - Injunction in a suit filed by third parties not to disturb their symbolic possession to extent of 2/5th share in..........
Will -- 30 Years old - Presumption in terms of S.90 of the Evidence Act is available to Will - When the presumption of execution and attestation of a Will is available then propounder need not further prove that the testator had signed it or he need not further prove the signature of the testator in the document. (Evidence Act, 1872, S.90)...........
Registration Act, 1908, Section 60, Evidence Act, 1872, Section 114 -- Registration procedure - Certificate of Registering Officer proving registration of document - Plaintiff not adduced any other evidence - Therefore, certificate of registration can be taken as piece of evidence to prove execution of document - When document is duly registered certain presumptions follow..........
Agreement to sell -- Suit for specific performance - Agreement itself providing as to what is to happen if either the seller refuses to sell or the purchaser refuses to buy - Agreement very categorical in envisaging that a sale deed is to be executed only if both the parties agree to do so and in the event of anyone of them resiling from the same there was to be no..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Where the objections at the face of it are frivolous, malafide and are intended to obstruct the process of law, there is no restriction on the powers of the Court to summarily reject such objections...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence, permission to produce - Necessary for party to prove existence and execution of original document - Court should insist upon proof of existence of original and the loss thereof before allowing to lead secondary evidence - Allowing of additional evidence subject to proof of loss of original - Wholly irrelevant -..........
Will -- Wife excluded - Propounder taking leading role in preparation as well as execution of Will - No mention in the Will as to what were the debts of the executant which were to be repaid before the remaining assets were to be bequeathed upon the beneficiary - These circumstances create suspicion about the genuineness of the will...........
Transfer of Property Act, 1882, Section 122 -- Gift - Acceptance - Need not be immediate as on the date of execution of the deed - Such acceptance should take place during the life time of the donor...........
Limitation Act, 1963, Article 113 -- Possession of plaintiffs being threatened in the garb of mutation but basic suit for relief of injunction - On date of institution of suit plaintiffs being disturbed from possession in execution of order of Collector passed under Section 18 Punjab Security of Land Tenures Act in pursuance of which mutation sanctioned - Cause of action..........
