Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Decree attained finality and sale deed of subject land already executed in favour of DH - Once title has been conveyed denial of possession would render decree itself ineffective and frustrate the very purpose of granting specific performance...........
Evidence Act, 1872, Section 116 -- Denial of title of landlord by tenant - Tenant cannot dispute title of landlord during continuance of tenancy...........
Adverse possession -- One who holds possession on behalf of another, does not by mere denial of other's title, make his possession adverse so as to give himself the benefit of statute of limitation...........
Adverse possession -- Mutation of revenue records, payment of Kist, custody of original title Deed, mere long possession and enjoyment for more than statutory period, are alone not sufficient to constitute adverse possession, unless denial of title is brought to knowledge of title holder - Limitation clock begins to tick only when denial of title is conveyed to real owner..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Purported cause of action is merely illusory and has been concocted solely to circumvent the provisions of O.7.R.11(d) CPC - Plaintiff admittedly, was aware as early as 2006 that defendants had explicitly denied his title in suit filed by them in 2006 - Defendants denied the..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Adverse possession -- Possession must be open, clear, continuous and hostile to the claim or possession of the other party - All three classic requirements must coexist i.e., adequate in continuity, adequate in publicity; and adverse to a competitor, in denial of title and knowledge...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Non-payment of rent - Denial of title of plaintiff and denial of relationship of landlord and tenant simplicter does not and cannot absolve lessee/tenant to deposit the due amount of rent/damages for use and occupation, unless he could show having made such payment in a lawful and bonafide manner...........
Rent and Eviction -- Denial of relationship between landlord and tenant - Tenant claimed to be owner of suit property on basis of agreement of sale - Agreement of sale does not create a title in favour of purchaser which can be effected only in terms of S.54 of T.P.Act i.e by way of a registered sale deed - Recovery certificate rightly issued in favour of landlord...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title sought by way of amendment of plaint - However, cause of action for seeking declaratory relief of title to suit property arose in 2008 and amendment sought after more than 8 years from denial of title - Action on the part of plaintiffs thus,..........
