Will -- Executed in the year 1992 when testator was not the owner - Testator became owner of the property before her death - Will takes effect after death of testator - Held, Will confers title on the persons in whose favour, it was executed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Agreement to sell - Suit for specific performance - Impleading of a party - Proposed party having no fair semblance of title to come on record - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Prima facie case - Burden of proof - Appellant tried to raise certain doubts over title of respondent No.1 - Held, to establish prima facie case burden in on appellant to establish his title and possession over property in suit - He cannot take advantage of weakness of respondent's title...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Suit for title - Power to order damages as part of restitution - Cannot be disputed - Otherwise, there can never be restitution - Unscrupulous litigants cannot drive benefit of technicalities of law by agitating the matter time and again...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding - Both Courts below have come to concurrent finding that plaintiff failed to establish his right, title and possession over the suit land - Courts below further held that there are cogent weighty evidences on the record to establish defendants right, title and continuous possession over the suit..........
Punjab Land Revenue Act, 1887, Section 121 -- Partition - Question of title - Jurisdiction of revenue court - Held, revenue court is equally competent to decide question of title and could also refer same to civil court if there was really such dispute and matter which need a debate in depth...........
Rent and Eviction -- Issue of title - Held, issue relating to title is not relevant in eviction matters at all either under Rent Control Act or u/s. 106 of Transfer of Property Act...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Execution - Auction sale - Setting aside - Provision does not insist that a person must hold valid title to maintain an application under it - Any person having an interest in the property can get the sale set aside - `Interest' means as to whether there exists any person, who is also claiming rights over the same property...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 -- Suit for cancellation of sale deed - Jurisdiction of civil Court - Plaintiff/appellant herself accepted in the plaint that her name is not recorded in the revenue records - Held, in absence of averment in the plaint that plaintiff is..........
Representation of the Peoples Act, 1951, Section 100(d)(i), Civil Procedure Code, 1908, Order 7, Rule 11, Conduct of Elections Rules, 1961, Rule 40A -- Election petition - Cause of action - What does term "cause of action" mean and how pleaded in election petition - Held, it is a bundle of essential facts and refers entirely to media upon which plaintiff/petitioner asks to..........
