Punjab Village Common Lands (Regulation) Act, Section 7(4) -- Appeal against ejectment order-Objections taken in Grounds of Appeal-Not dealt with while disposing of appeal - Appellate order not justifiable-Quashed...........
Agreement to sell -- Suit for specific performance - Subsequent purchasers without notice of the previous agreement - Plaintiffs and vendors brothers interse - All the parties belonged to a village which is small - Sarpanch attested both the documents - It cannot be presumed that the Sarpanch had not informed the subsequent vendees of the earlier agreement to sell...........
Will -- Suspicious circumstances - Scribe did not knew the executant and unable to identify him - Entry in the register of scribe suspicious and not signed by the executant of the Will - Statement of attesting witnesses not in conformity with facts of Will and other factual state of affiars Attesting witness residing 7/8 miles away from the village of executant and a..........
Agreement to sell -- Attesting witnesses - There is no legal requirement that the attesting witnesses should be from the village of the vendor...........
Will -- Genuineness - Will not making any provision for widow - No reasons provided for not providing any maintenance - Even her name did not find mention in the Will - No plausible explanation given for not associating any respectable of the village where testator used to reside and breathed his last - Propounder taking active part in execution of the Will - Will is..........
Will -- Witnesses not belonging to the village of the testator - Whether a suspicious circumstance? - Since the intention of the testator was to give property to the defendant he obviously preferred persons known to the defendant and the testator - Not a suspicious circumstance...........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Eviction decree - Decree confirmed in appeal - Full description of property not given - Court passing decree can rectify error - In a eviction petition decree for eviction passed by Rent Controller but the full description of the disputed property as given in the petition for eviction not included in the..........
Will -- Three marginal witnesses - Out of these three only one a `Lambardar' belonging to the village from where the parties hall and where the suit land is located and this witness not examined - No reason given for not examining him - Adverse inference is to be drawn that if this witness had been examined he would have supported the case of the defendant-appellant...........
Civil Procedure Code, 1908, Order 9, Rule 7, 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Defendant shown to be residing at Delhi - Summons issued at Delhi address - subsequent order for proclamation by beat of drums in the village - Proclamation cannot be treated as due service...........
Customary Law -- Ancestral property - Alienation - Legal necessity - Sale of land in order to purchase land in another village - Bonafide act of good management - Treated as necessity & valid...........
