Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Immovable property - Distinction between "Sale" and "Contract for Sale" - Held, sale is complete upon execution of sale-deed and in case of an immovable property exceeding value of one hundred rupees, ownership or title to such property validly passes on to the purchaser, only upon..........
Transfer of Property Act, 1882, Section 54 -- Decree for specific performance - Effect of - Held, a decree for specific performance merely recognizes a claim for specific performance of contract, which is capable of being specifically enforced at the instance of a decree-holder - It does not create any right, title, interest in or charge on the immovable property in favour..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Shamlat Deh - Ejectment - Question of title - Res judicata - Earlier petition u/s 7 filed by Gram Panchayat was dismissed - Gram Panchayat then filed petition u/s 11 of the Act - Gram Panchayat is not estopped from seeking eviction of petitioner u/s 11 of the Act when earlier on petition filed by Gram..........
Specific Relief Act, 1963, Section 34, 37, 31 -- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in substance ignoring or..........
Specific Relief Act, 1963, Section 34, 31 -- Suit for declaration of title without seeking relief of setting aside sale deed alleged to be the result of fraud and coercion - Plaintiff claimed himself to be a weak intellect and not worldly wise - Not believable as he acquired properties, sell them and manages of his own accord and lends money to others...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and that in the suit for specific..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, 13 -- Bar of alternative remedy of appeal - Neither owner nor her predecessor had secured property in question in favour of bank - Bank on the foot of agreement with two persons who had never acquired any title of property in question from lawful owner, in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Declaration of title - Suit for - Service of notice - 50 defendants - Only defendant No.1 to 3 are contesting - Notice was served upon them by commissioner before holding investigation - Held, in consideration of the number of defendants in suit, it is not possible for commissioner to serve notices upon all defendants..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer is not void or illegal - Pendente lite purchaser is bound by the decision - Transferor's title if (a) upheld; (b) partly upheld; (c) not upheld - In case title of transferor's title is upheld than transferee is not affected and in case it is partly upheld then title of transferee is saved only to that..........
Adverse possession -- Mere possession however long does not necessarily mean that it is adverse to the true owner - It means hostile possession which is expressly or impliedly in denial of the title of the true owner - In order to constitute adverse possession the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the..........
