Specific Relief Act, 1963, Section 34, 38, Evidence Act, 1872, Section 3 -- Suit for declaration of title and injunction - Claim made on basis of sale deed in the year 1963 and continuous possession - Claim denied by Corporation on ground that vendor had lost his title consequent upon acquisition of land for converting it into civil amenity site and that sale deed..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Title suit on the basis of sale deed - Specific denial by defendant - Execution of sale deed itself in dispute - Issue regarding execution of sale deed - Court ought to frame the issue regarding proof of execution of sale deed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Part payment to be made in future - Balance amount not paid as agreed - Notice not issued - Conduct of plaintiff shows that intention of parties was only to transfer the land in question - Merely because part payment, as agreed, not paid, it cannot be said that title did not pass vide registered sale deed..........
Transfer of Property Act, 1882, Section 54 -- Sale - A document can be executed even if part of the sale consideration is promised to be paid in future - If from recitals in the sale deed it appears that title would pass after payment of consideration, the inference would be that until consideration is paid, there is no transfer - However, if it appears that passing of..........
Adverse possession -- Adverse possession by sons of owner - Land declared surplus with original landowner - Surplus area allotted - Allottees in turn sold surplus area by registered sale deed - Suit for possession by vendees from allottees - Resisted by sons of original landowner on the plea of hostile possession being adverse to interest of real owners thus maturing into..........
Transfer of Property Act, 1882, Section 55 -- Sale - Consideration - Passing of consideration is not a condition precedent for conveying title by way of sale - Title passes immediately to vendee on registration of sale deed - If stipulated consideration is not paid, vendor has to take steps for recovery of unpaid purchase money...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Ownership and possession claimed by virtue of sale deed - Sale deed not proved - Vendor admitted in evidence as to transfer of ownership and possession to the vendee - Plaintiff entitled to decree on basis of possessory title against defendant...........
Limitation Act, 1963, Article 58 -- Not applicable where plaintiff in possession - Cause of action to seek declaration that plaintiff is owner in possession - Does not arise on the date of execution of sale deed and/or mutation - Cause of action would arise only when there is any threat to title of plaintiff - Mere wrong entry of mutation - Does not furnish any cause of..........
Transfer of Property Act, 1882, Section 53A -- Bona fide purchaser for value - Having no knowledge of defect in title of seller - Purchaser will be protected by provision of S.53-A TPA - Sale deed in his favour cannot be declared to be void...........
Sale deed -- Consideration - Price already paid as per recital in the sale deed - No denial in written statement - Defendant himself not come into the witness box to deny the receipt of consideration - Sale deed duly proved - When execution of document is proved then onus shifts to the other party to prove lack of consideration - Moreover payment of price is not essential..........
