Court Fees Act, 1870, Section 7 - - Court fee - Suit for declaration to be owners in possession by way of adverse possession and that defendants have no right, title or interest in the suit land and that various sale deeds and consequent mutations are null and void and relief of injunction also prayed - Plaintiff not being party to the impugned sale deeds is not liable to..........
Adverse possession -- Possession under a void transaction and nothing more - Title by adverse possession cannot be matured. (Limitation Act, 1963, Arts.64 & 65)...........
Admission -- As constituting a transfer of title in relation to immovable property is itself weak evidence...........
Revenue record -- Proof of title - Held, revenue records have prima facie value for what they contain but a title to property is not at all times decided on the basis of revenue records - Revenue records are not documents of title but they are evidence of title...........
Evidence Act, 1872, Section 65, 74 -- Cantonment Act, 1924, Cantonment Land Administration - Public documents - General Land Register and other documents maintained by the Cantonment Board under the Cantonment Act, 1924 and the Rules made thereunder are public documents and the certified copies of the same are admissible in evidence - It is settled legal position that the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plaintiffs filed suit for declaration of right, title and interest over the suit land and for eviction of defendant No.1 with a prayer for permanent injunction - Earlier, suit for declaration of title and permanent injunction filed by purchaser of disputed land from common ancestor of..........
Specific Relief Act, 1963, Section 6 -- Question of title is irrelevant in a proceeding u/s 6 of Specific Relief Act...........
Civil Procedure Code, 1908, Section 100, Order 21, Rule 97, 101 -- Execution - Third party objections - A person that causes obstruction and wants an adjudication that his possession shall not be disturbed, he is bound to establish his title...........
Specific Relief Act, 1963, Section 34 -- Declaration - Relief of - Conditions to be satisfied : (i) that the plaintiff is entitled- (a) to any legal character; or (b) to any right as to any property; and (ii) that the defendant is a person who denied or is interested to deny his title to such character or right - If these conditions are satisfied, plaintiff need not ask..........
Civil Procedure Code, 1908, Section 2(2), Registration Act, 1908, Section 17 -- Decree - Not creating right, title or interest in immovable property for the first time - Does not require registration...........
