Will -- Proof - None of attesting witnesses was available for examination in Court - Certified copy of Will does not bear signature/thumb impression of testator or attesting witnesses - Plaintiff examined the witnesses to prove signatures of attesting witnesses on entry made in register of Scribe of Will - However, plaintiff did not examine a witness to prove that..........
Will -- Proof - Execution and registration of Will proved by examination of both attesting witnesses as well as scribe - Scribe also stated that entry of Will was entered in his register and testatrix has thumb marked said entry - No evidence led by plaintiff to prove that testatrix was not in a fit state of mind to execute and get Will registered - Over writings on the..........
Will -- Execution - Proof - It is execution of Will which is to be proved and not the contents of it - Evidence of attesting witness who stated that he put his signature at the instance of scribe and did not read the contents of Will cannot be disbelieved. (Evidence Act, 1872, S.68)...........
Will -- Proof - Evidence of attesting witness and son of scribe is consistent with evidence on record - Doctor certified that testator was in sound and disposable state of mind - Defendant proved that testatrix had executed Will in her favour...........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed and said fact is mentioned..........
Agreement to sell -- Specific performance - Courts below while decreeing the suit failed to examine evidence in detail that scribe failed to prove the execution of agreement to sell - Stamp vendor not examined - Only oral evidence was produced - More so, possession of suit property was delivered to plaintiff on the date of contract itself, however his counsel made a..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 68 -- Suit for declaration - Proof of Will - Evidence of three witnesses clearly states that contents of Will were read over to testatrix - They also deposed that testatrix affixed her thumb mark in the presence of attestors and scribe - In turn, attestors also attested the document in testatrix's presence..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness - DW6 being son of scribe already identified signature and handwriting of his father on Will in question - Will in question which is otherwise to be proved u/s 63 of Succession Act, cannot be exhibited through DW6, especially being a photocopy - Rather, defendant himself should have tendered..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will registered - Evidence of Sub-Registrar that he knew testator as he was Chowkidar of the village and he also personally knew attesting witness as he was Lambardar of the village and that Will was read over to testator and testator acknowledged correctness of the same - Scribe also examined who stated..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Plaintiff failed to show that she possessed sufficient solvency at the relevant time to advance the amount to defendant under suit promissory note - Both attestors as well as scribe are inimical towards defendant, therefore, no safe credence could be attached to their testimony for accepting..........
