Registration Act, 1908, Section 17, 49 -- Collateral purposes - An antecedent title, the nature and character of possession, an admission or an acknowledgment etc. are some of the instances of collateral purposes for which a document can be looked into...........
Civil Procedure Code, 1908, Section 16, Family Courts Act, 1984, Section 7(1) -- Declaratory suit - Place of jurisdiction - Disputed immovable property situated within territorial limits of Family Court, `K' - Principal relief sought for is a decree of declaration of petitioner's right, title and possession of said property - Held, thus, as per S.16 CPC, proceeding which..........
Specific Relief Act, 1963, Section 6 -- Question of title or better rights of possession does not arise for adjudication in a suit u/s 6 where the only issue required to be decided is as to whether the plaintiff was in possession at any time six months prior to the date of filing of the suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Commissioners report - Has no bearing in deciding title or possession - It is relevant only to the limited extent of noting physical features on the land at the time of Commissioners visit and inspection...........
Adverse possession -- The moment plea of adverse possession is raised, title of plaintiff shall be presumed to have been proved...........
Wakf Act, 1995, Section 90 -- Suit against Wakf Board - Want of notice u/s.90 - Effect - Held, S.90 of the Act mandates that in every suit or proceedings relating to title or possession of Wakf property or right of Muthavalli or beneficiary, Court or Tribunal shall issue notice to Wakf Board - Admittedly no notice is issued to Wakf Board in present suit - But Wakf Board,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Serious dispute between plaintiff and defendant No.1 regarding right, title and interest over plot in question - Defendant No.4 purchased disputed plot during pendency of suit from defendant No.1 - Held, trial Court justified in granting temporary injunction restraining..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage with conditional sale or outright sale - Entire ownership, right, title and interest transferred - Conditions of S.58(c) of the Act not mentioned in the document - Defendant in possession of entire house except the ground floor in which plaintiff is tenant - Merely because rent-note was executed on the same day,..........
Transfer of Property Act, 1882, Section 123 -- Gift - The mutuality and reciprocity can only be a condition that can be found in a Will and not in a settlement or gift deed as per which there would be complete divestiture of title in favour of the donee...........
Transfer of Property Act, 1882, Section 123 -- Gift - Revocation - Original title deeds handed over by donor to donee and original gift deed also taken by donee and thus there is evidence of acceptance - Gift is complete - Donor has no power of revocation...........
