Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plaintiffs must succeed on the strength of their own title alone and not on the mere pleading that defendants are trespassers and not entitled to continue in possession - Mere producing sale deed does not establish title of plaintiff unless it is proved by examining attesting witnesses..........
Transfer of Property Act, 1882, Section 53 -- Lease for 99 years for a paltry sum executed 2 days before sale deed executed - Vendees closely related to lessee - Prospective vendees knew that title under cloud - No attempt at all made to prove endorsement made in registered documents that any lease amount or sale amount was actually paid before Sub Registrar - Section 53..........
Civil Procedure Code -- Applicant claiming to be joint owner of property in question - Dispute between brothers in regard to same property - Plaintiffs claim on the basis of registered sale deed giving them title as sole owners, other brother claims rights in property on the basis of agreement to sell - Both these documents alleged to have been executed by applicant long..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Impleadment - Suit for possession and declaration that sale deed in question is null and void - Married daughter of deceased defendant claiming to have right, title and interest in property in dispute - Her impleadment as necessary party, is proper...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title based on sale deed - Date of sale deed not mentioned - Amendment sought to substitute correct date - Does not alter or change cause of action - Amendment sought only a formal one - Amendment petition allowed...........
Transfer of Property Act, 1882, Section 51 -- Suit for possession - Plaintiff established title - Plaintiff is entitled to decree for possession - First defendant a top Senior Police Officer got a sale deed and possession of property from second defendant knowing fully that second defendant was in permissive possession from plaintiffs and having no title to property -..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Unregistered sale deed - Does not confer legal title...........
Specific Relief Act, 1963, Section 37 -- Perpetual injunction - Plaintiff in possession of suit property - Defendant claimed to be its true owner - Defendant's sale deed itself mentioned that plaintiff was in possession of disputed property - It is open for the defendant to obtain possession from appellant - In view of the admission in the title deed of the defendant..........
Specific Relief Act, 1963, Section 34 -- Power of attorney - Transferred land in favour of his wife by playing fraud upon the appellant - Appellant demanded from respondent return of her power of attorney before execution of sale deed - Held, that having been defrauded, the appellant was entitled to lay the suit for declaration of title and other reliefs in the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both parties claiming to be in possession, one on basis of ownership and other on basis of title acquired under registered sale deed - Validity of registered sale deed disputed by the other party - Parties directed to maintain status quo and the party in possession shall be precluded completely from..........
