Succession Act, 1925, Section 63 -- Execution of Will - Proof - Both attesting witnesses testified that testator affixed his signature on Will in their presence - Will is written in hand of testator - There is no interpolation, correction or any sort of overwriting in Will that can even remotely suggest that it has been tampered in any way - Mere fact that there is no date..........
Agreement to sell -- Execution - Proof - Defendant changing his stand - Plea that agreement is fabricated and forged document - Wholly unsubstantiated - Answers given by defendant vague and not proving his case at all - Perusal of agreement reveals no sign of it having been tampered or interpolated - Signature thereon of defendant admitted - Defendant appended his address..........
Civil Procedure Code, 1908, Section 47 -- Execution - Inexecutability - Judgment debtor purchased property from one of the decree holders - Judgment debtor is bound to surrender possession of property in respect of which decree has been passed and it would be left to him to work out his remedy for partition - Judgment debtor cannot compel decree holder to avail remedy of..........
Registration Act, 1908, Section 68 -- Cancellation of sale deed - Powers of Registrar - Scope - Registrar has got only superintending control on the Sub-registrar, who is working under his control - S.68 (2) of the Act does not confer upon Registrar the power of cancelling the registration of a document, execution of which was not denied and which has already been..........
Evidence Act, 1872, Section 63(2) -- Secondary Evidence - A party can be permitted to lead secondary evidence of a document on proving existence, execution and loss of the original document...........
Civil Procedure Code, 1908, Section 47, Order 1, Rule 10, Land Acquisition Act, 1894, Section 50(2), 18 -- Execution proceedings - Necessary party - Non joinder - Acquisition of land for purpose of utilizing same by petitioner-company - Held, petitioner-company is proper party in all proceedings under Land Acquisition Act, 1894 and it has right of being heard...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Framing of issues is not mandatory in deciding an execution petition - However, when complete factual controversies are involved, it is always appropriate in the fitness of things to frame all "points of controversy" and pass an order distinctively on each such point framed...........
Will -- Execution - Proof - Testator did not sign the document in presence of attesting witnesses and attesting witnesses did not attest the same in presence of testator - Execution of Will not proved...........
Succession Act, 1925, Section 63 - - Will - Suspicious circumstances - Execution of registered Will by testator in favour of Gurudwara by excluding his brother with whom he was not having cordial relations - Failure of brother of testator to point out any circumstance regarding execution of Will which makes it suspicious document - Held, Will is to be taken as a valid..........
Will -- Reference of earlier will in the subsequent will - Effect - Any reference to an earlier will in a will subsequently executed by the same executant would amount to only an admission about making of the said will but not about its due execution or genuineness for which independent proof is required in the manner provided by law by examining at least one attesting..........
