Transfer of Property Act, 1882, Section 53A -- Plea of adverse possession and part performance are mutually destructive - One cannot be allowed to say that on one side, he admits the title of plaintiff for the purposes of S.53-A TPA and at the same time, asserts title in his own self...........
Limitation Act, 1963, Article 65 -- Adverse possession - Suit for possession of immovable property based on title can be filed within twelve years - The starting point of limitation would be the date when the possession of the defendants becomes adverse to the plaintiffs...........
Adverse possession -- Plea of - Burden is on defendant to prove as to on what particular date he asserted his hostile title contrary to the interest of the plaintiff and that the assertion was public and open...........
Transfer of Property Act, 1882, Section 122 -- Gift - Person making the gift must possess title to property gifted...........
Evidence Act, 1872, Section 58 -- Admission - How to be made and its effect - Inference as to admission of the party regarding title of another party - Admission must be clear and explicit - Generally, no title can be created by admission...........
Transfer of Property Act, 1882, Section 54 -- Sale - Consideration - Proof - Recital in sale deed that entire consideration already paid - It is of no use when original sale deed is produced by defendant - It is usual practice that after registration of sale deed 'Registration Receipt' is exchanged and the same is handed over to the purchaser with endorsement and signature..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Question of title - Land in dispute whether part of public passage vesting in Panchayat or private property - To be decided by Collector alone on the basis of demarcation - Civil Court has no jurisdiction...........
Registration Act, 1908, Section 17(1)(b) -- Sale of another's property - Title of owner remains intact even if a stranger conveys that title to another stranger, which is ineffective - Owner can get sale deed cancelled by execution of cancellation deed and getting it registered without seeking remedy in a civil court for its cancellation...........
Transfer of Property Act, 1882, Section 5, 6(h), 7, Contract Act, 1872, Section 23 -- Transfer of property by a person without title or transfer opposed to nature of interest or for an unlawful object or consideration or transferee legally disqualified to be transferee - Title in property does not pass to the transferee...........
Registration Act, 1908, Section 17(1)(b), 18 -- Sale deed - Registration - By registration of sale deed it cannot conclusively be taken to be a legal and valid transfer of title - Vendor has still locus to question such sale deed as it may be a void document...........
