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ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Commissioners report - Has no bearing in deciding title or possession - It is relevant only to the limited extent of noting physical features on the land at the time of Commissioners visit and inspection...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 34 -- Boundary dispute - Remedy of an individual seeking survey of lands is to seek declaration of title to such lands in a civil court - In case there is any dispute regarding boundaries, to file an application seeking to have the subject lands surveyed and demarcated...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - By way of amendment of plaint relief of declaration of title, recovery of possession and mandatory injunction claimed - Such amendment does not alter the nature of suit - Order allowing amendment, upheld...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Transfer of Property Act, 1882, Section 51 -- Improvements made by bona fide holders under defective title, in good faith that he is the absolute owner of the same - Owner never raised any objection to the construction - If subsequently such person has to deliver possession of the said property to owner then he is entitled to claim the value of improvements made by him u/s..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Registration Act, 1908, Section 49 - - Unregistered sale deed - Suit for declaration - Unregistered sale deed cannot be received in evidence in a suit for declaration of title, to an immovable property, even for collateral purposes...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment allowed - Written statement to amended plaint - Cannot be allowed when there is amendment in cause title of plaint only without there being any additional plea raised in the amended plaint...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability of - There is no discussion or finding with regard to title of parties to schedule property, which is subject matter in present suits, either substantially or incidentally - Held, it cannot be said that since Court in earlier suit had considered all documents marked on behalf of plaintiffs in present..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Limitation Act, 1963, Section 14, Article 65 -- Plea of adverse possession - Proof - Held, plaintiffs are required to prove their title in order to claim declaration of title but they need not prove their possession on property in dispute for 12 years - However, defendants, who are claiming adverse possession, are required to prove their continuous possession for 12 years..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Registration Act, 1908, Section 49 -- Proviso - Unregistered sale deed - Admissibility - Suit for declaration of title through adverse possession and for recovery of possession - Plaintiffs through sale deed sought to prove only possession - No other aspect arising out of said document much less title sought to be relied upon by plaintiff - Thus, unregistered sale deed..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Transfer of Property Act, 1882, Section 54 -- Sale and Release - Stamp Act, 1899, Art. 47-A - Distinction - Sale is transfer of title in immovable property to another for consideration - Release is transfer of rights in immovable property to an existing co-owner(s) which can be with or without consideration - Transferee under a sale is an altogether stranger, whereas in..........

Showing : 41-50 of 174 Results