Co-sharer--When a co-sharer sells his share in the joint holding or any portion thereof and puts the vendor into possession of land in his possession what he transfers is his right as a co-sharers in said land and right to remain in its exclusive possession till joint holding is partitioned amongst all co-sharers---Sale of subsequent portion of land out of joint holding by the co-owners is nothing but a sale of a share out of the joint holding and is pre-emptible under Section 15(1)(b) of Act

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Eye-witness--Simply because the eyewitnesses did not make any attempt to save the life of the deceased from the clutches of the accused persons, their abnormal conduct by itself cannot be taken as a ground to disbelieve and discard their testimony.

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Will can be proved by examining at least one witness--Alongwith it has to be shown that it was free from suspicious circumstances--Transfer of Property Act, 1882, Section 3--Evidence Act, 1872, Section 68--Succession Act, 1925, Section 63(c).--It may be true that deprivation of a due share by the natural heir by itself may not be held to be a suspicious circumstance but it is one of the factors which is taken into consideration by the courts

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Accident--Gratuitous passengers--About 30-40 persons were travelling in the tempo truck--All 30-40 persons by no stretch of imagination could have been the representatives of the owners of goods. Insurance company not liable Accident--Ordinarily an allegation made in FIR would not be admissible in evidence per se but tribunal would be entitled to look into same where allegations made in FIR had been made a part of the part of claim petition.

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Contention that prior to the amendment rules, the promotion to the cadre of District Judges was based on the principle of "Seniority-cum-merit" and now as per amended rules pursuant to the directions of Supreme Court, the principle has now been changed to "merit-cum-seniority" and this has seriously affected the rights of the members of the Civil Judges (Senior Division)--Contention rejected

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Mortgage--Whether a document is mortgage by conditional sale or a sale with a condition of repurchase is a vexed question--One of the ingredients for determining the true nature of transaction, therefore, is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale--Indisputably, the said condition is satisfied-- Transfer of Property Act, 1882, Mortgage--In a case where deed of mortgage is executed with a condition of repurchase, the amount of consideration remains the same.

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Eviction--Dispute as to amount of rent--Case remanded back--Tenant directed to pay rent as claimed by landlord during pendency of suit.

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Interest Law--Interest-- Starting Point--Question arises as to from which date interest would be paid--Starting point is on completion of one month from the date on which claim fell due--It cannot be the date of accident--It has to be taken to be the date of adjudication of the claim-- Workman's Compensation Act, 1923, Sections 3, 4A(3)(a).

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Succession Law--Will-- Probate of--A probate when granted binds the whole world--It is a judgment in rem--The Executor, therefore, has to administer the estate of the testator in terms of the Will and not on the basis of the settlement arrived at by and between the parties which would be inconsistent with the terms of the Will--In case of any conflict between the terms of the Will and the settlement, the former will prevail

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Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside-- Muslim Law—Oral Gift—Conditions for making valid oral gift under the Mohammedan law are:- (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee.

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