Transfer of Property Act, 1882, Section 58(c), 54 -- Sale with condition of repurchase or mortgage by conditional sale - Interpretation of deed - Transferee put in possession in order to clear existing debt of Rs.1, 000/- and further to obtain another loan of Rs.1, 000/- and condition in deed requiring transferee to reconvey property to transferor if later repays Rs.2, 000..........
Specific Relief Act, 1963, Section 5 -- Trespasser - Adverse possession - A true owner with his subsisting title is always entitled to maintain suit for recovery of possession against a trespasser - If owner's title is reflected in the column of ownership, person in unauthorised possession has no right to claim absolute ownership on the strength of adverse possession...........
Rent and Eviction -- Sub-letting - Possession of third person for about 34 years - Landlord will not wait for such a long period - Cannot be a case of sub-letting. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13(2)(ii)(a)...........
Civil Procedure Code, 1908, Order 6, Rule 17, 1, 2, Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Amendment - Earlier stated that defendant was in unlawful possession of the suit land whereas by way of amendment plea sought to be taken that defendant was in permissive possession as a licensee - This is not only a new plea but also a contradictory plea - Not..........
Possession -- Suit for - Delay in filing the suit and non-issuance of notice or not making a police complaint - Plaintiff had reached a very advanced age with falling health and was possibly not in a position to manage his own affairs - Lapse on the part of the plaintiffs cannot lead to the plaintiffs being non-suited...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Entries appearing in the record of rights are not the foundation of title but are mere items of evidence - An adverse entry in the record of rights did not per se oblige the person in possession of land to sue for a declaration of title...........
Sikh Gurdwaras Act, 1925, Section 28, Limitation Act, 1963, Article 64, 65 -- Suit for possession of undisputed property - Limitation of 90 days provided in S.28(1) to file suit for recovery of possession does not apply to a case where suit is on ground of dispossession of Gurdawara - For such a case limitation prescribed under the Limitation Act would apply - Property in..........
Evidence Act, 1872, Section 115, 116 -- A usufructory mortgagee cannot deny the title of his mortgagor - Nor can he set up adverse possession unless he actually leaves the holding and re-enters under a different status...........
East Punjab Urban Rent Restriction Act, 1949, Section 2(i), 13, Transfer of Property Act, 1882, Section 59 -- Mortgage created and possession given to mortgagee - Interest to be paid by mortgagor to be set off against occupation of shop by mortgagee - No recital in the mortgage deed that interest to be set off against rent - Held, it created relationship of mortgagor and..........
Transfer of Property Act, Section 67, 65, 60 -- Usufructuary mortgagee - Cannot deny title of his mortgagor - Usufructuary mortgagee cannot set up adverse possession unless he actually leaves the holding and re-enters under a different status...........
