Registration Act, 1908, Section 49, 17 -- Un-registered agreement to sell - Plaintiff is claiming title through unregistered agreement to sell - Said document is registerable u/s 17 of the Act - Therefore, said unregistered agreement to sell cannot be used even for collateral purpose for proving the possession of plaintiff in respect of suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claims to be absolute owner of suit property having acquired the same under registered gift deed from her husband - However, there is no reference to source of title of husband of plaintiff as per said gift deed - Even, there is no other document filed to show that husband of plaintiff or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is seeking injunction against true owner, as neither possession of plaintiff recorded in revenue records nor he claimed any title in suit land - He has not even made any attempt to identify the extent or boundaries of land which he claims to be in his possession - Merely on the basis of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Person who is found in possession of suit property within six months prior to the date of institution of suit is entitled to get relief u/s 6 of the Act - For recovery of possession, plaintiff need not establish his title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Possession -- Title derived from `S' by virtue of sale deed - Once `S' was not found in possession of suit property he could not deliver possession of suit land to his vendees...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, permanent injunction and possession - Plaintiff filed the suit on the basis of sale deed executed by husband of defendant in his favour - However, Courts below recorded a finding that case of plaintiff is surrounded by doubtful circumstances - Moreover, plaintiff ought to have filed suit..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, permanent injunction and recovery of possession - When plaintiff has sought for declaration of title, permanent injunction and recovery of possession, plaintiff has to establish his title in respect of one acre of land, which was specifically identified as portion of property which according to him..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession is maintainable...........
