Mutation -- Does not confer title - It is only civil Court where evidence has to be seen...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for permanent and mandatory injunction - Restraining defendant from blocking and locking common passage, entrance gate and bathroom at ground floor of suit property - Plaintiff by means of her title documents proved that she purchased basement/lower ground floor, right in common..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant in possession - Suit for mere declaration without seeking relief of possession is not maintainable...........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........
Specific Relief Act, 1963, Section 34 -- Declaration of title - Payment of land revenue to Govt. - Does not create any right or title or interest in immovable property - At best, those documents would establish that land revenue was paid to revenue department for the property owned or possessed - Those documents do not confer any title on the defendant or on the plaintiff...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Appellants resisted the delivery of possession of property on the ground that they are believers, devotees and worshipers of one Guru, who was a social reformer - Since said Guru was a social reformer and not a avatar of God, it cannot be treated as a deity and his statue to be treated as a temple as..........
Mutation entries -- Do not confer title...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not liable to be rejected on..........
Rent and eviction -- Denial of title of landlord by tenant - Tenant denied title of landlord because of pendency of civil suit between landlord and one other person, which was filed by landlord himself - Fact that tenant immediately rushed towards Rent Controller for depositing rent after receiving notice from landlord, was indicative of bona fide of tenant - Plea taken by..........
Mohammedan Law -- Inheritance - Joint possession - Suit for declaration - Plaintiff being daughter of deceased entitled to equal share as compared to her brothers, as per Hanafi Succession - No evidence produced by defendants brothers of plaintiff, that they are in possession of property in a clear ouster of plaintiff by denying her title - Plaintiff not required to seek..........
