Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission in written statement - Suit for possession - Decree for possession can be passed on the basis of admission made by the defendant in the written statement...........
Evidence Act, 1872, Section 116 -- Estoppel - Title suit for eviction - Defendant admitted the plaintiff to be landlady of suit premises under a registered lease deed- Cannot challenge the title of landlady to be defective - Before surrendering possession tenant shall not be permitted to set up title in a third person...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Deceased (female) got land from uncle of her husband by way of gift of life - time interest - Terms of gift deed show that after death of donee, donor's heirs will come into possession - Gift deed created only limited rights in favour of donee of life - time interest - Life - time interest..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation - Objection that in respect of land possession whereof is not with the party, mutation cannot be sanctioned - Not tenable...........
Civil Procedure Code, 1908, Section 144, 151 -- Petitioner took possession in pursuance of warrants of possession wrongly issued by the Court - He cannot retain the same - No person would take advantage of fault of the Court - Order of restoration of possession to rectify the mistake passed in exercise of inherent power of the Court u/s 151 CPC cannot be interfered in..........
Consumer Protection Act, 1986, Section 13(1)(c) -- Tyre & tube - Defective - Complainant gave it to the dealer who sent the same to the manufacturer - Defective tyre & tube not returned to the complainant as such procedure prescribed u/s 13(1)(c) could not be followed as the complainant was not in possession of the tyre and tube - Manufacturer's plea that consumer Court..........
Civil Procedure Code, 1908, Section 151, 144 -- Restoration of possession - Inadvertent mistake of Court in directing warrants of possession to be issued - Possession taken in pursuance of such warrants of possession - Cannot be retained - Plea that application under Section 144 maintainable only if there was any variation or reversal of judgment or decree in appeal or..........
Specific Relief Act, Section 5, 38 -- Possessory title - A person who has been in long continuous possession - Can protect his possession by seeking injunction against any person in the world other than true owner - Even true owner of property can get back possession - Only by resorting to due process of law...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale deed - Revenue Officer required to determine right/title of vendor - No mutation of ownership can be sanctioned on the basis of possession only...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale deed - Sale deed purporting to transfer land owned by Mushtarka Malkan - Co - sharer cannot transfer more than his share in joint land - Vendor failed to show extent of share in joint holding and exclusive possession of Khasra Nos. sought to be alienated - Mutation of..........
