Will -- Testator not keeping good health at the time of execution of Will -No evidence on record to show that testator was not having disposing state of mind at time of execution of Will - Held, will is properly executed...........
Civil Procedure Code, 1908, Section 144 -- Power to order restitution is given to the Court of first instance - Exparte eviction decree - In execution landlord taking possession - In appeal by tenant challenging exparte decree. Appellate Court setting aside decree and also ordering restitution of premises - Held, Appellate Court not right in ordering restitution - It could..........
Civil Procedure Code, 1908, Section 47 -- Decree passed without jurisdiction - Decree is a nullity - Its invalidity can be set up whenever and wherever it is sought to be enforced and even at the stage of execution and in collateral proceedings - But the same cannot be challenged on the ground that it is on wrong conclusions or on erroneous findings...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 23(2) -- Eviction decree -Execution - Tenant filing objections that he handed over property to brother of D.H. and not in possession - Not tenable - Handing over possession to brother of D.H. does not satisfy decree - J.D. is bound by terms of decree and hand over possession only to D.H...........
Specific Relief Act, 1963, Section 16(c), 20 -- Ready and willing - Plaintiff must be ready and willing to perform his part of the contract right from the date of the execution till date of decree - To adjudge readiness and willingness of the plaintiff, the Court must take into consideration the: conduct of the plaintiff prior and subsequent to the filing of the suit..........
Will -- Execution & attestation - Proof- Both attesting witnesses putting their signature in the presence of Sub-Registrar and person who had come for identifying testator for purpose of registration - They were present till registration was complete - According to these witnesses the Will was read over by the Sub Registrar - Both the witnesses have seen the executant..........
Will -- Suspicious circumstances - Some of the suspicious circumstances are (1) The propounded taking a prominent part in the execution of a Will which confers substantial benefits on him; (2) Shaky signature; (3) A feeble mind which is likely to be influenced; (4) Unfair and unjust disposal of property...........
Will -- Suspicious circumstances - Some of the suspicious circumstances are (1) The propounder taking a prominent part in the execution of a Will which confers substantial benefits on him; (2) Shaky signature; (3) A feeble mind which is likely to be influenced; (4) Unfair and unjust disposal of property...........
Will -- Execution - Proof - When the Will is surrounded by suspicious circumstances the onus is on the propounder to explain them to the satisfaction of Court before the Will is accepted as genuine...........
Execution -- Suit for mandatory injunction to remove wall A & B - During pendency of suit defendant raising some unauthorised construction - injunction sought for that unauthorised construction - Defendant gave an undertaking that in case the suit of plaintiff is decreed he will remove unauthorised construction -An undertaking given cannot form part of the decree so the..........
