Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for declaration that relinquishment deed is null and void - Summoning of stamp vendor and Sub Registrar, as witnesses, is necessary in order to ascertain the veracity of petitioner's stand - Application allowed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Evidence Act, 1872, Section 91, 92 -- Exclusion of oral evidence - Relinquishment deed - Defendant given up his rights in suit property in favour of his father/plaintiff - Alleged oral assurance which father is stated to have given in favour of both of his sons, would not hold any value in the face of a registered relinquishment deed and is contrary to written text of..........
Registration Act, 1908, Section 17 -- Registration - Relinquishment deed - Where 23 guntas land is transferred by way of relinquishment, same requires compulsory registration in terms of S.17(2) of the Act...........
Registration Act, 1908, Section 17 -- Registration - Document acknowledging prior family settlement - Does not amount to a deed of relinquishment or transfer deed and, hence it is not required to be registered...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........
Registration Act, 1908, Section 17, 49 -- Collateral purpose - Relinquishment of title by a declaration by one of co-sharers in whose name a registered title deed exists cannot be said to be a collateral transaction and ownership can only be relinquished by a deed which is also compulsorily registrable...........
Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........
Partition suit -- Plea of relinquishment of share by plaintiff/daughter - Defendant denied the share of plaintiff by relying upon consent letter - Consent letter given for the purpose of entering name of defendant in revenue records - Said consent letter would not amount to a relinquishment of right, title and interest of plaintiff in suit schedule properties - Even said..........
Registration Act, 1908, Section 17 -- Registration - Relinquishment deed - Deed of relinquishment require registration as per S.17 of the Act - In the absence of registration, it cannot be said that party has given up her right, title and interest in suit schedule properties...........
