East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Required for unmarried daughter to start a Coaching Academy - Plea of tenant that sale deed is a sham or fictitious transaction - Wholly irrelevant - Tenant has no locus standi to question the title or right of his landlord...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question of title decided in a suit for injunction - If there was incidental finding on title the same does not operate as res judicata - However when title was directly in question, unless it is established, that it was necessary in the earlier suit to decide the question of title for granting or refusing injunction..........
Evidence Act, 1872, Section 91 -- Sale of minor's property through guardian - Recital in sale deed that property belongs to minor and sale deed is executed through natural guardian - Held, it is not permissible for defendant who derive title to challenge that the property belongs to the natural guardian or that sale deed in the name of minor was Benami...........
Indian Penal Code, 1860, Section 420 -- Bank loan - Loan availed by depositing duplicate copy of title deed - Property sold covered by these documents - No allegation that loanee made the loaner believe that there was no liability charged upon the property - No offence u/s 420 IPC is made out...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 12 -- Order of eviction - Vacant possession is to be delivered to the landlord by evicting not only the tenant but any other person who may be occupying the premises except the person who has independent title to such premises or the tenant who has been inducted with the express written permission of the..........
Evidence Act, 1872, Section 116 -- Tenants right to question title of landlord is very limited in view of S.116 Evidence Act...........
Succession Act, 1925, Section 276 -- Probate petition - Question as to title - Court cannot decide question of title, ownership or any such disputes - Remedy lies elsewhere...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Revenue authorities exercising jurisdiction under the Act of 1961 - Held, they are not Civil Court as no issue framed in regard to title of land...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question of title may arise even in a suit for injunction relating to possession...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Courts are not required to delve into the question of title - Court is only required to see whether the person sought to be substituted has any right or whether he is the legal representative of the heirs, as defined under Section 2(11) CPC...........
