Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
Suit for possession -- Suit for possession on basis of Will - Will executed in favour of plaintiff by her father-in-law, which was duly registered - Evidence of PW1 and PW2 with regard to execution of Will considered by trial Court while decreeing suit on favour of plaintiff - Suit for cancellation of Will filed by defendant dismissed by civil Court - Plaintiff is lawful..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Execution of agreement to sell admitted - Plea that defendant was pressurized to execute said agreement - Further plea that defendant is not the owner of land and that it is plaintiff who is unable to carry out the terms and conditions of agreement - Held, there is no..........
Will -- Execution - Will executed in favour of daughters proved by examining one of attesting witness - Will proved in accordance with S.68 of Evidence Act...........
Agreement to sell -- Validity - Stamp papers purchased in the year 1986 and agreement executed in the year 1987 - Evidence of PW1 that agreement was executed within few months of purchase of stamp papers whereas stamp paper was purchased more than a year earlier to the execution of agreement - Casts serious doubt about genuineness of agreement...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attestor is not required to know contents of document - By just signing the document with an intention to attest or on seeing the signing of document by the executant or a receipt of personal acknowledgment about execution of document is sufficient to constitute attestation...........
Representation of the Peoples Act, 1951, Section 8(3), 81(1) -- Election petition - Rejection of nomination - Imposition of punishment in two criminal cases - Petitioner disqualified u/s 8(3) of Representation of People Act, as punishment in two criminal cases imposed on him - Said disqualification will continue so long as there is no stay of conviction - Petitioner could..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Civil Procedure Code, 1908, Section 65, Order 21, Rule 95 -- Auction sale - Delivery of possession - It was imperative on part of DH to take possession of property auctioned by him - If he fails to get possession through execution Court, his relief U.O.21 CPC, is lost, though his title over property sold subsists...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
