Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 128 -- Auction sale - Application for setting aside - Maintainability - Claim of petitioner that he has better title by way of title deed - Held, title flowing from title deed would remain unaffected by sale conducted in execution if such better title is established - Petitioner should have..........
Specific Relief Act, 1963, Section 5, 34, 38 -- Suit for declaration of title, recovery of possession and permanent injunction - Declaration sought that defendant has no right to close windows in wall of house of plaintiff and a direction to remove construction made over suit land and permanent injunction restraining defendants from making any construction - Defendant by..........
Registration Act, 1908, Section 17 -- Agreement to sell - Cannot be construed as a sale deed when it does not contemplate relinquishment of an absolute right, title or interest in the property - Such an agreement to sell does not attract registration...........
Land Acquisition Act, 1894, Section 4 -- Purchase of land subsequent to notification u/s 4 of the Act - Not competent to challenge validity of acquisition proceedings on any ground whatsoever, for the reason that sale deed executed in his favour does not confer upon him, any title and at the most he can claim compensation on the basis of his vendor's title...........
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...........
Court Fees Act, 1870, Section 7 - - Court fee - Suit for declaration to be owners in possession by way of adverse possession and that defendants have no right, title or interest in the suit land and that various sale deeds and consequent mutations are null and void and relief of injunction also prayed - Plaintiff not being party to the impugned sale deeds is not liable to..........
Transfer of Property Act, 1882, Section 41 -- Two sale deeds - Sale deed prior in time prevails as at the time of execution of second sale deed, vendor does not have any right or title in property which can clothe subsequent purchaser with any right or title as no one can transfer better title than he possess...........
Power of Attorney Act, 1882, Section 1A, 2, Transfer of Property Act, 1882, Section 53a, Contract Act, 1872, Section 202 - - Power of Attorney given for consideration - Held, unless there is a proper registered sale deed, title of an immovable property does not pass - No doubt, a person strictly may not have complete ownership rights unless there is a duly registered sale..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - From disturbing possession and creating third party rights - Defendant claiming possession on the basis of sale deed executed by plaintiff through her power of attorney - Plaintiff denying ever executing power of attorney - Non production of power of attorney by defendant is fatal to her case -..........
