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SUPREME COURT OF INDIA

Year of decision: 2018
Details

Limitation Act, 1963, Section 27 -- Extinguishment of right to property - Original holders of suit land failed to file civil suit against plaintiff claiming possession of suit land on the strength of their new title, i.e re-grant in relation to suit land, within 12 years from date of re-grant - By virtue of S.27 of the Act, all rights, title and interest of original..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Partition suit -- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same were transferred to auction purchasers through Court..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit - Suit for injunction - Affidavit filed by plaintiff discloses that formal defect in suit is unworkable prayer and sufficient grounds are shown that plaintiff purchased the property from defendant - There is thus, necessity for seeking declaration of title and relief of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Revenue entries -- An entry in record of rights does not confer title on a person - Entry in revenue record or jamabandi has only fiscal purpose i.e. payment of land revenue and no ownership is conferred on the basis of such entry so far as the title to the property is concerned and it can only be decided by the competent Civil Court...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Neither predecessor-i, title of plaintiffs and nor plaintiffs had any subsisting right, title and interest in suit property on the date of filing of suit, as suit property was acquired by State - Defendants filed the documents in appeal by away of additional evidence on record..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Rent and Eviction -- Title of landlord - When issue of title over tenanted premises is raised in an eviction suit under Rent Laws, landlord is not expected to prove his title like what he is required to prove in a title suit...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Rent and Eviction -- Derivative title of an assignee - Tenant is estopped from challenging title of his landlord, yet tenant is entitled to challenge derivative title of an assignee of original landlord of demised property in an action brought by assignee against tenant for his eviction under Rent Laws - However, this right of a tenant is subject to one caveat that tenant..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Mutation -- Proceedings are summary in nature - Genuineness or legality of legal heir etc. need not be gone into in writ proceedings - Remedy is to institute appropriate proceedings for declaration of title before appropriate Court...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Registration Act, 1908, Section 17 -- Registration - Agreement acknowledging a mistake in oral exchange is not required to be compulsorily registered, as such document cannot be considered as a document of title transferring immovable property for more than Rs.100/-...........

CHHATTISGARH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant while relying upon sale deed contended that he purchased part of suit property which he occupied as tenant - However, he failed to prove that part of joint family property which he occupied as tenant was subject matter of sale under sale deed in question - Once it was held that partition was..........

Showing : 231-240 of 2536 Results