Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Agreement to sell -- Specific performance - Plea of execution of sale agreement as security for loan advanced by defendant - Property worth Rs.50 lakhs agreed to be sold for Rs.15 lakhs - Rs.14.75 lakhs advanced on the date of execution of sale agreement - Time limit of three years fixed for payment of balance sale consideration of Rs.25,000/- - From the terms and..........
Agreement to sell -- Specific performance - Agreement in question was executed as a security for repayment of loan - Date for execution of sale deed was extended despite plaintiff having paid more than 95% of sale consideration - Had it been true that parties actually intended to sell/purchase land and plaintiff had paid Rs.5,80,000 out of 6 lakhs without his being in..........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Auction sale - Ex parte order - Setting aside - Summon sent to JD's address was returned with remark that he was not residing at that old address - Summon has not been duly served upon JD - When there was no effective service on JD, Execution Court ought to have been issued a fresh notice rather than ordering..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of declaration of title and permanent injunction - Execution for restoration of possession as possession alleged to have been taken away by J.D. in violation of decree of permanent injunction - Failure of D.H. to prove that J.D. has willfully violated the said decree - Does not entail dismissal of..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - To stay execution proceedings, pre-condition is that there must be a suit pending before same Court filed by J.D. against D.H. - When two Court are different from each other then execution Court is right in denying to grant stay of execution petition proceedings before it...........
Civil Procedure Code, 1908, Order 21, Rule 58(5) -- Execution - Objections - Claim or objection U.O.21.R.58 CPC - Court refused to entertain it - Party against whom such order is made, may institute a suit to establish right in the property in dispute...........
Civil Procedure Code, 1908, Section 74 -- Resistance to execution of decree of eviction - Application filed seeking to prove documents submitted and lead evidence - Once documents filed by petitioner in support of his resistance application have not been admitted, petitioner has to be provided opportunity to prove said documents...........
Agreement to sell -- Specific performance - Vendor admitted the execution of agreement to sell as well as handing over possession of suit property to plaintiff - Trial Court rightly believed execution of agreement to sell as well as handing over possession to plaintiff and High Court rightly confirmed said findings - No interference warranted in said findings of High..........
Will -- Execution - Proof - It is incumbent on attesting witness while appearing in Court and tendering his affidavit by way of examinatio, i, chief in evidence, identify the signature of the executant and signatures of himself and other witnesses on the document, without which a document as Will is not proved...........
