Suit for possession -- Plaintiff proved title of his father who purchased the property - In law, possession follows title - Plaintiff having established title to suit property, will be entitled to decree for possession, unless his right to the suit property was extinguished, by reason of defendant being in adverse possession for a period of 12 years prior to the suit...........
East Punjab Urban Rent Restriction Act, 1949, Section 2 -- Tenant or licensee - Tenant does not claim exclusive title himself - He sets up title under the person from whom he is alleged to have taken possession i.e. landlord's brother's widow - Held, only inference ought to be that he could be only a tenant and not a licensee - It cannot be believed that a stranger to the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Tenancy admitted - Amendment cannot be allowed to deny such status and setting up title in himself - Admission cannot be allowed to be withdrawn except under extra ordinary circumstances - No such extra ordinary circumstances - Order dismissing application, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Plea that landlord is not the owner for five years prior to the filing of petition u/s 13-B of the Act as it was mother of the landlord who was recorded as owner in the Municipal records and on the strength of an affidavit of mother the ownership rights were transferred in..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff non-suited in a suit for injunction when trial court found that he has made encroachment - Plaintiff sought to produce demarcation report in appeal - Demarcation report suffered from procedural infirmities - Report obtained to fill up lacuna - Report did not establish title..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - One of the defendants was not party to the former suit - However, through whom he is claiming title was party to the suit - Held, in order to sustain the plea of res judicata it is not necessary that all the parties to the two litigations must be common - All that is necessary is that the issue should be between the..........
Hindu Minority and Guardianship Act, 1956, Section 8, 11, 12 -- Sale of minor's interest by a de facto guardian in violation of express bar provided under the section is per se invalid - Legal necessity not relevant in a invalid transfer - A transferee of such alienation does not acquire any interest in the property - Such invalid transaction is not required to be set..........
Specific Relief Act, 1963, Section 38 -- Injunction - Licensee has no right to raise construction over the property in dispute where he admits that there is no title in his favour...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - As soon as sale deed is registered title passes to the vendee - The vendor in terms of the stipulations made in the deed of sale is bound to deliver possession of the property sold - If he does not do so, he makes himself liable for damages - Registered sale deed carries a presumption that transaction was genuine..........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 92 -- Sale - Price is the essence of a contract of sale - Payment of entire price is not a condition precedent for completion of sale - If the intention of parties was that title should pass on execution and registration, title would pass to the purchaser even if the sale price or part thereof is not..........
