Revenue record -- Khasra girdawari entries though not conclusive proof of title, carry significant evidentiary value regarding possession, particularly when they exhibit continuity over a long period - Sudden change in such entries unsupported by cogent material or lawful process, cannot by itself be treated as proof of actual change of possession...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit property was subjected to auction in execution of a money decree and said sale was confirmed in favour of predecessor-in-interest of appellant - Title in immovable property vests in auction purchaser on confirmation of sale - If auction purchaser gets possession and is in possession on date of..........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Revenue entries though not documents of title are relevant indicators of possession and can be considered at the injunction stage...........
Agreement to sell -- Prohibition of transfer on vendor - Suit property was gifted by Gram Panchayat to vendor/predecessor in interest of defendants with a condition of not to alienate property for a period of 20 years - After expiry of 20 years of gift deed vendor became eligible to transfer property - Even otherwise, if vendor is held to be ineligible to transfer..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit was filed for declaration of title and plaintiff disputed the right and title of defendant over suit property - When such is the case, transfer of property or selling part of suit property to proposed party during pendency of suit proceeding is subject to Doctrine of Lis Pendens..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs by virtue of proposed amendment seek to change their entire flow of title and source of ownership - By deleting earlier substantial paragraphs of plaint and attempting to substitute them with newly fabricated and vague averments, plaintiffs are..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of arguments - Documents sought are certain original title deeds of other defendants - Since these documents are in custody of plaintiff and he could trace it now, denying him opportunity to produce these documents as evidence, would certainly affect his very case filed for claim of mortgage -..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- (Bharatiya Sakshya Adhiniyam, 2023, S.104) - Suit for declaration of title - Burden of proof is always on plaintiffs to prove title by adducing cogent evidence to satisfaction of Court...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - When suit for declaration was filed based on title to suit property in favour of plaintiffs ancestors and so after them in plaintiffs, plaintiffs had to prove the title of their ancestors to suit property by adducing cogent evidence of title...........
