Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Eviction suit - Filing and pendency of title suit - Has no impact upon maintainability of eviction petition...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No substantial document to prove title..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - - Suit for declaration of title - Though construction was being made on plaintiffs' paternal property, she has come to court only when the discussion regarding share failed - So, plaintiffs instituted suit at belated stage, when the promoter was about to complete internal works and to hand over..........
Limitation Act, 1963, Article 65 -- No period of limitation prescribed for suit for possession on basis of title...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Presumption as to - Rebuttal of - Both courts below after scrutinizing the evidence have concurrently upheld the validity and genuineness of registered adoption deed - There is no pleading in the objection filed by appellant to the effect that wife of "R" did not give her consent to adoption - But even..........
Transfer of Property Act, 1882, Section 41 -- Two sale deeds - Sale deed prior in time prevails as at the time of execution of second sale deed, vendor does not have any right or title in property which can clothe subsequent purchaser with any right or title as no one can transfer better title than he possess...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - `Prima facie case' and not `prima facie title' is to be examined at the time of granting interim injunction...........
Revenue record -- Entries in the revenue record have only presumptive value - Not confer any right or title qua property in respect of which they are made...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs father having two wives, first wife in whose name suit property was purchased had died issueless - Plaintiffs sons of second wife claimed that defendant being son of their mother from her first marriage, he had no title in suit property - Brother of plaintiffs mother stated that defendant..........
Adverse Possession -- Possession not adverse and hostile to the owner - Held, mere possession how so long it may be is not sufficient to divest real owner of his title over the property...........
