Adverse possession -- Two basic elements are (1) the possession of the defendant should be adverse to the plaintiff and (2) the defendant must continue to remain in possession for a period of 12 years thereafter - Animus possidendi as is well known a requisite ingredient of adverse possession - Mere possession does not ripen into possessory title until possessor holds..........
Civil Procedure Code, 1908, Order 39, Rule 1, Land Acquisition Act, 1894, Section 30 -- Land acquisition - Disbursement of compensation - Interim injunction sought in a suit for declaration to put restraint on defendant from receiving amount of compensation - Held, if there is any title dispute regarding acquired land or dispute regarding compensation for acquisition of..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Substitution of legal heirs - Suit for partition - Mother and brother of appellants arrayed as co-defendants as they also claimed their share - Suit decreed and preliminary decree passed holding that mother and brother of appellant have no right title and interest in suit properly - Final decree prepared on basis of..........
Indian penal Code, 1860, Section 464, 465, 467, 468, 471 -- Execution of sale deed by a person who has no title over the property - It is fraudulent act of cheating and not execution of a false document - When it is not execution of false document there can be no forgery...........
Contract Act, 1872, Section 31, 32 -- Agreement to sell - Insistence of settlement of a bank loan and handing over the title deeds to the vendor - Not an impossible event - Contract does not come to an end on this ground and such contract is not a contingent contract - Court has jurisdiction to grant relief in terms of the contract...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff issued notice to defendant as regards liabilities of defendant and marketable title of defendant - Held, in an agreement relating to immovable property, though defendant represented that he is absolute and exclusive owner and entitled to sell, transfer or convey the same, as a purchaser, it is for..........
Specific Relief Act, 1963, Section 17 -- Agreement to sell - Impediment for enforcement - Plea of plaintiff that defendant has no title to sell the property - Defence raised by defendant in his written statement is one of the defences available to him - By itself does not give rise to a situation to enable plaintiff to overcome his defaults by claiming that defendant has..........
Criminal Procedure Code, 1973, Section 173, 438 -- Dispute regarding title - High Court confirmed earlier order restraining investigating authorities from arresting appellants and directing that amount of Rs.25 lakhs, which had been seized from account of appellant No.1 and had been invested in a fixed deposit, be released to respondent No.2 on her furnishing adequate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Second suit for declaration of title and injunction - Difference in area of land - Held, principle of res judicata has to be applied on the basis of issues decided between parties by proper adjudication by a competent Court - Difference in area of land is not material as the issues in instant case was directly and..........
Assam Land and Revenue Regulations, 1886, Section 154 -- Suit for recovery of possession and permanent injunction - Jurisdiction of civil Court - Held, demarcation of boundary through revenue authority and prayer for declaration of right, title and possession over a land are two distinct and different matters - Merely because plaintiff/petitioner was party to demarcation,..........
