Agreement to sell -- Suit for specific performance - On the date of agreement vendor was not the owner of the property and had acquired title subsequently - In view of S.13(1)(a) Specific Relief At, on acquisition of title in the property subsequently, vendee can enforce the contract of specific performance. (Specific Relief Act, 1963, S.13(1)(a)...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Held, declaration cannot be sought with regard to ownership on the basis of adverse possession as plea of adverse possession is available only to a defendant against a plaintiff...........
Adverse possession -- Plaintiff cannot seek declaration of title on the basis of adverse possession - Plea of adverse possession is available only to a defendant against a plaintiff...........
Specific Relief Act, 1963, Section 34, Succession Act, 1925, Section 213 -- Suit for declaration of title on the basis of Will - Suit is not maintainable unless the probate or letters of administration of the Will is obtained...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration of title on the basis of Will - Ancestral property - Nature and character of property not to be changed during the pendency of the suit...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Petitioner u/s 11 of the Act claiming ownership over disputed land - Consolidation scheme relied upon by petitioner recites that 2 Kanals of land given for house of petitioner - But in the year 1921, measurements were in bighas and not in Kanals, and therefore, said recital in document of doubtful veracity -..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Legal representatives - Can urge all contentions which the deceased could have urged except only those which were personal to the deceased - Legal representatives can set up their own independent title...........
Possession -- Vacant plot - Possession of vacant plot goes with the ownership - Decree for possession cannot be denied on the ground that actual delivery of possession of a vacant plot is not proved - Merely placing dung cakes or placing fuel wood does not prove a possessory title of defendants...........
Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Title deeds already in possession of creditor for an earlier loan need not to be deposited again for subsequent loan after taking delivery of the same as principle of constructive deposit applies - All that is required to be seen is the intention of parties to treat the documents in possession as delivery...........
Haryana Municipal Act, 1973, Section 2(22B) -- Amendment of S.2(22-B) - Mere amendment of S.2(22-B) does not clothe Municipal Council with any proprietary title over shamlat deh for which relief of injunction has been granted...........
