Transfer of Property Act, 1882, Section 55 -- Sale of property by Official Liquidator and sale of property by an individual is altogether different - Official liquidator cannot and does not hold any guarantee or warrant in respect of the property sold - Official liquidator proceeds on the basis of what the records of the company in liquidation show - In that event it is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Both the courts below found the requirement of landlord as bona fide and allowed the ejectment petition - Demise booth was on rent at a rate of Rs.800/- per month - In second appeal, tenant urged following points : (a) Landlord (since deceased) had not become owner of the demise..........
Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 116 -- Lease of land by owner - Lessee admitting lease - Lessee estopped from denying title of owner - Lessee denying title - Tenancy stood automatically terminated...........
Punjab Land Revenue Act, 1887, Section 17 -- Suit for partition filed by one co-sharer before Asstt.Collector Ist Grade - Other co-sharers raised dispute regarding title of land - Asstt. Collector directed parties to get the title decided from Civil Court - However, order of Asstt. Collector not a speaking order as it was bereft of reasoning as to how there was a title..........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit for permanent injunction restraining Gram Panchayat from interfering in peaceful possession of plaintiff - Plaintiff in established possession and also constructed a house in the suit property - Title not to be decided in a suit for permanent injunction -..........
Civil Procedure Code, 1908, Section 100 -- Suit for eviction and recovery of possession - Second appeal - Plea that defendant unauthorisedly trespassed and occupied suit property in absence of plaintiff/owner - Appellate Court dismissed appeal on ground that plaintiff failed to adduce documents to establish his title over suit property - Therefore, in absence of any..........
Registration Act, 1908, Section 17(1), 49 -- Petitioner given one third share during consolidation proceedings on the basis of compromise - Petitioner failed to establish that he had any pre existing rights in the property in dispute - Held, since the alleged compromise purports to create new rights, the order passed on the basis of compromise requires registration - It..........
Registration Act, 1908, Section 17, 49 -- No right, title would pass in case a document which requires to be compulsorily registered is not registered...........
Family settlement -- Petitioners having no antecedent title whatsoever of their own in the property - Compromise does not fall within the ambit of a family settlement...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3) -- Surplus area - Declared under Punjab Act - Land so declare shall be deemed to have been acquired by the State Government for a public purpose, all rights, title and interest of all persons in such area shall stand extinguished, such rights, title and interest shall vest in the State Government free from all..........
