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ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 71 -- Refusal to register a document - Flow of title from one person to another - Respondent is not legally justified in refusing to receive and register document...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate this aspect before trial Court..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2015
Details

Specific Relief Act, 1963, Section 34 -- Declaration of title - Declaration u/s 34 of the Act is binding only on parties of suit and the persons claiming through them and not on third parties as per S.35 of Specific Relief Act...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 - Amendment would change the nature..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance, it is not possible to examine..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 34 -- Declaration of title - Where a party is seeking declaration of title and recovery of possession, burden lies on such party to adduce satisfactory evidence to prove his title and possession - Plaintiff has to succeed only on the strength of his case and not on the weakness of case set up by defendants...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 34 -- Declaration of title and recovery of possession - Merely because defendants have admitted that they have purchased the property from plaintiff, said circumstance alone is not sufficient to declare plaintiff as owner of property...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 34 -- Declaration of title and recovery of possession - Merely because at some place in revenue record, name of plaintiff is shown as pattadar, it cannot be said that he continued to be pattadar and same is not sufficient to declare plaintiff as owner of property...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Adverse possession -- When a person set-up his claim by claiming that he has purchased the property, it is clear that he has denied the title of his vendor i.e., original owner of the property - By setting up title by virtue of sale irrespective of the fact whether sale is in accordance with law or not, but such action or declaration of purchase amounts to denial of title..........

Showing : 1-10 of 174 Results