Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Question of title - Despite a specific direction in order passed in CWP No. 11646 of 2001, question of title has not been considered by any authority - Held, proviso to S.7 of does not prohibit an Assistant Collector seized of a petition u/s.7 from deciding a question of title - Assistant Collector..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Ejectment - Jumla Mushtarka Malkan - Held, a parcel of land recorded, as Jumla Mushtarka Malkan, in revenue record raises an inference that it was created during consolidation, for common purposes of village..........
Rajasthan Rent Control Act, 2001, Section 10(1)(c) -- Eviction - Senior citizen - Summary proceedings - Disputed title - Petitioner sought eviction on ground of his being senior citizen u/s.10(1)(c) of the Act or otherwise on ground of default, material alteration and denial of title - Respondent contended that he acquired possession of demised premises on basis of oral..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102, 103 -- Decree of possession - Execution - Rejection of objections - Death of J.D. during pendency of execution - Deceased never asserted property to be Joint Hindu Family Property - Objections that property was Joint Hindu Family Property not genuine - Appellants not third parties but transferees pendente lite -..........
Evidence Act, 1872, Section 114 -- Possession follows title - Presumption of title as a result of possession, can arise only where facts disclose that no title vests in any party...........
Transfer of Property Act, 1882, Section 59 -- Redemption of mortgage - Absence of valid mortgage - Suit for redemption of mortgage cannot be treated as title suit...........
Transfer of Property Act, 1882, Section 59 -- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title to the suit property - Period..........
Transfer of Property Act, 1882, Section 59 -- Redemption of mortgage - Oral mortgage for an amount of Rs.350/- - Mortgage other than mortgage by deposit of title deed for principal money of more than Rs.100/- can be effected only by registered instrument - Mortgage not valid - Suit for redemption of mortgage not maintainable...........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Punjab Land Record Manual, Chapter 7.16 - Registered sale deed - Validity - Jurisdiction of revenue officer - Held, mutation is a mere fiscal entry recorded by revenue officer to update revenue record and, therefore, neither confers nor divests a party of title - A revenue officer has no jurisdiction to opine as to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Grant of - Injunction is sought by plaintiff on a plea that his own title to suit property is an admitted position and revenue entries as to cultivation also stand in his name - Respondents' prayer for correction of revenue entries has already been dismissed by revenue authorities - Held, plaintiff has..........
