Transfer of Property -- To get legal title it must be a transfer in accordance with the principles of Transfer of Property Act - Admissions if any on the part of the parties that a particular part was given or would be given to another will not convey any legal title over that property - Transfer of immovable property can only be by means of a registered instrument - Mere..........
Transfer of Property Act, 1882, Section 111(6) -- Lease - Doctrine of implied surrender - Test - When certain relationship existed between two parties in respect of a subject matter and a new relationship has come into existence regarding the same subject matter, the two sets cannot co-exist, being inconsistent and incompatible between each other, i.e. if the latter can..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale - deed - Objection that unless possession is transferred mutation cannot be effected and sale - deed cannot be acted upon - Not tenable - Possession deemed to be transferred if - (i) physically transferred, or (ii) mention to that effect made in sale - deed, and/or (iii) parties..........
Evidence Act, 1872, Section 114 -- Parties are bound to produce best evidence - In the absence of best evidence, an adverse inference has to be drawn against the party which has not produced best evidence...........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
Punjab Land Revenue Act, Section 16, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Assistant Collector while considering objections observed that Naksha `Bey' not prepared according to proposed mode of partition and possession of parties and directed that Naksha `Bey' be prepared afresh - Later on Naksha `Bey' confirmed without taking in view earlier order -..........
Punjab Land Revenue Act, Section 13, 116, 117, 118 -- Appeal against final partition - Only duty of Collector to see that final partition done according to Mode of Partition - Objection regarding land of different values - Should have been taken up when Mode of Partition was being finalised - By not appealing against Mode of Partition and moving for its amendment/change -..........
Registration Act, 1908, Section 17 -- `Hukumnama' - A document not creating any tenancy right nor showing any transfer of ownership or title in the land in question - The document only reflects the contractual obligation between the parties - Held, document does not require registration...........
Remand -- No prejudice caused due to remanding of case - Both parties free to adduce evidence to establish their claim - Punjab Land Revenue Act, Sections 13 and 16...........
Punjab Tenancy Act, Section 77(3)(n) -- Punjab Security of Land Tenures Act, Section 14 - A(ii) - Tenant's liability to pay rent - Right of tenant on Tenants Permissible Area and vesting of land in State Government - Only if allotment to tenant has been made - Land would vest in the State only if land is declared surplus - Tenant would become proprietor of land only after..........
