Title -- A person coming into permissive possession cannot have a better title than the person through whom he came into possession...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Evidence Act, 1872, Section 116 -- Eviction petition - Bonafide requirement - Concept of ownership under the Act - Court has to see title and right of landlord qua tenant - Only thing to be seen by Court is that landlord has been receiving rent for his own benefit and not for and on behalf of someone else - If landlord was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff filed title suit taking plea in original plaint that their predecessors in interest was Bargadar of predecessor in interest of true owners - By way of proposed amendment in the plaint plaintiff wanted to raise the plea of advance possession - Held, that land even if adversely possessed by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Concurrent findings of both Court below that plaintiff has no title to land in question - Report of Commissioner on possession of land is of no benefit to plaintiff - Fact of dismissal of earlier suit and settlement between parties suppressed - Application for temporary injunction rightly rejected...........
Adverse possession -- Co-heir - Possession of one co-heir is presumed to be on the basis of joint title - The co-heir in possession cannot render his possession adverse to the other co-heir not in possession, merely by any secret hostile animums on his own part in derogation of the other co-heir's title - As between co-heirs there must be evidence of open assertion of..........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Plaintiff alleged forcible dispossession and sought repossession - Suit cannot be termed as one for title...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment - By itself does not create a title nor operates to confer any title in the attaching creditor or the attaching authority - It basically prevents a private alienation of the property attached and the property cannot be dealt with to the prejudice of the claims enforceable under the attachment - Essentially, an..........
Transfer of Property Act, 1882, Section 41, 52 -- Bonafide purchaser - During pendency of a suit or a proceeding - Principle of estoppel does not govern the doctrine of lis pendens - Principle of estoppel must yield to the doctrine of lis pendens under which no title in property could be validly transferred during the pendency of the litigation...........
Adverse possession -- Finding on perfection of title by adverse possession - Unwarranted when such a plea is not taken and specific issues are not framed and parties let in evidence on that aspect...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell - By itself does not create any interest in or charge on immovable property - Proprietary title does not pass on execution of agreement to sell - Until sale is complete no right to enforce pre-emption arises...........
