Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Flats were sold away by appellant No 1 in 1983 - Additional FSI or facility of TDR was made available by Govt. in 1994 - Appellants prima facie did not have any right, title or interest either in said plot or on building standing on that plot - Held, if under any new scheme of additional FSI or..........
Local Governance bodies -- Gram Panchayat - Land - Suit for possession - Appellant-plaintiff before lower appellate court had admitted that ownership of land vests in Gram Panchayat - He has also failed to prove that sale deed relied upon relates to suit property - It is admitted case of plaintiff that he lost possession of property some where in the year 1995 - Held, to..........
Civil Procedure Code, 1908, Order 7, Rule 11, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 21 -- Rejection of plaint - Suit for declaration of title by lessee against sub lessee of Govt. Land - Suit is not barred by law - Civil Court has no jurisdiction only when dispute is between Government and the lessee and not when dispute is between lessee..........
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12 -- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in favour of plaintiff was..........
Punjab Land Revenue Act, 1887, Section 36 -- Civil suit filed by parties on dispute relating to title and inheritance - Mutation sanctioned by Collector pending suit - Order of Collector set aside by Divisional Commissioner - Order impugned - Held, when regular civil suits are pending between parties before competent civil court, the civil Court shall decide suit between..........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - The memorandum merely recorded a past event of fact of deposit and did not itself create the mortgage - Held, the document did not therefore create the mortgage and hence did not require registration...........
Revenue entries -- Effect thereof - Held, revenue entries do not give title or ownership to any party, as title or ownership of immovable property passes from one party to another on basis of registered sale deed - Revenue entries are nothing but the consequences - If any person has become owner of a property by virtue of a registered sale deed in his favour, he should go..........
Registration Act, 1908, Section 34, 35 -- Refusal to register a document - Can be only when there is denial of execution or it is at the instance of a person who is incapable of executing a document such as a minor or a lunatic - A document cannot be refused to be registered on the ground of legal competency of the person to transfer - Registration is never an instrument..........
Indian Penal Code, 1860, Section 378 -- Theft - Nature of 'possession' referred in S.378 of IPC - Held, S.378 of IPC defines 'theft' as dishonest removal of movable property out of possession of any person without consent of that person - Standing timber being embedded in earth is immovable property - Moment it is severed from earth it becomes capable of being object of..........
