Agreement to sell -- Specific performance - Vendee very much aware of absence of title of vendor - Once vendee chooses to transact with the vendor, knowing fully well that vendee did not hold title he cannot seek enforcement of agreement - Subsequent acquisition of title by vendor does not enure to the benefit of the vendee. (Specific Relief Act, 1963, S.13, Transfer of..........
Wrong provision of law -- Quoting wrong provision in the title of an application is never fatal...........
Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, Section 83, 84, 86 -- Vesting of title in State - Notification - Held, once notification declaring land specified in notification stands published in terms of S.83, Collector is supposed to take over the estate in terms of S.86 of the Act - In present case, State has failed to produce and prove..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Unauthorized possession - Ejectment petition by Gram Panchayat - Question of title raised by stating that Gram Panchayat is not the owner and possession is since 40 years as owners - Ejectment order passed without deciding the question of title - Held, when question of title is raised supported by documents,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g) -- Unauthorized possession - Petitioner raising question of title - In jamabandi for the year 1981-82, Abadi deh depicted as owner while Maqbuja abadi deh (gairmumkin abadi) has been described in the column of cultivation - If that is so, then the contention of petitioner that such abadi deh is excluded..........
Limitation Act, 1963, Article 65 -- Possession - Claim of true owner for possession of immovable property based on title can be defeated only if the person in possession pleads and proves that he had perfected his title by adverse possession...........
Constitution of India, 1950, Article 226 -- Writ of Mandamus - Directing respondents for waiver of no, construction fee of plot under litigation and grant of extension of construction period - Suit claiming title of property between father and son on basis of transfer deed - Incomplete documentation for placing necessary records - Non submission of site plan by petitioner..........
Transfer of Property Act, 1882, Section 55 -- It is documents of title which must be produced for examination by the buyer - So far enquiry regarding clearance or exemption from the Endowment Department is concerned the same is not a document of title relating to the property which would benefit the buyer for examination for the purpose of completing the agreement for sale..........
Agreement to sell -- Ready and willing - Trust property - Plaintiff seeking clarifications regarding joining of all trustees in execution of sale deed, asking the second respondent to enter into another agreement by way of indemnifying the plaintiff for any loss due to defect in the title - Demand not only unjustified and unreasonable but it was in fact imaginary...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment from Shamlat Deh - Petitioner claiming that he is owner of the land in dispute being right holder/share holder and in possession of Jumla Malkhan land owned by him in accordance with the respective shares in the holdings - However, Gram Panchayat claimed that the land in dispute is Shamlat Deh which..........
