Evidence Act, 1872, Section 62, 68, Transfer of Property Act, 1882, Section 54 -- Primary evidence - Notarised copy of sale deed produced - Original brought in Court - Plaintiff not cross examined as to non production of original sale deed - Contention that attested copy by Notary Public does not prove title repelled...........
Co-owner -- Rights - (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the..........
Transfer of Property Act, 1882, Section 54, 55 -- Sale deed - Sham transaction - Sale deed duly registered but neither possession delivered nor sale deed given to vendee - Vendees not present at the time of registration of sale deed - Held, sale was a sham transaction - Mere registration of sale deed cannot operate to pass title to the vendee or to pass any interest to..........
Evidence Act, 1872, Section 116, Transfer of Property Act, 1882, Section 105 -- Lessee - Estopped from denying the title and claim of the lessor in view of the principle of estoppel as provided u/s 116 of Evidence Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Eviction of petitioners sought on the ground that they are in wrongful or unauthorised possession of Shamlat Land vesting in Gram Panchayat - Petitioners contended that the land was given on lease to their predecessors by Govt. way back in year 1955 - Deputy Commissioner, after enquiry gave finding that..........
Adverse possession -- Once plea of adverse possession is raised, it pre-supposes the title over the suit land of the plaintiff...........
Will -- Claim of title over property by grandsons - Genuine and registered Will - Contents of Will and signature of testator identified by witnesses - Disposition of property out of love, affection and care - Impugned decree for joint possession set aside...........
Limitation Act, 1963, Section 54 -- Specific performance - Suit for - Limitation - To start within one month of passing of title in favour of defendant - Suit filed within three years of passing of title in favour of the defendant - Held, suit is filed within limitation - Intention of parties, as to when the period of limitation is to start running is required to be..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Name of plaintiff not shown in any capacity in the revenue records - Plaintiff also admitted in his evidence that he has been residing outside the suit land - It is clearly established that plaintiff is not even in possession of the suit land - No reason to interfere with the impugned judgment...........
Mutation -- Grant of mutation on the basis of natural succession ignoring Will - Writ petition - Held, not maintainable - Parties relegated to the remedy of civil suit as it is civil court which can decide the question of title and validity of Will - Sanction of mutation does not determine the rights or title to the property - Mutation proceedings are summary in nature and..........
