Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Vacant site - Possession - In a case of vacant site the principle is that possession follows title - If two persons claim to be in possession of a vacant site, then one who is able to establish title thereto will be considered to be in possession as against the person who is not..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Issue of title - Issue of title when involves complicated or complex questions of fact and law or where Court feels that parties had not proceeded on the basis that title was at issue, the Court should not decide the issue of title in a suit for injunction - Proper course is to relegate the plaintiff to the remedy..........
Specific Relief Act, 1963, Section 38 -- Injunction - Contingencies in which a suit for permanent injunction and/or declaration is maintainable analysed viz. (1) When plaintiff is in lawful or peaceful possession of property and such possession is interfered or threatened then suit for injunction simpliciter is maintainable but a person in wrongful possession is not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - A finding as to title given in an earlier injunction suit can operate as res judicata in a subsequent suit for declaration of title when in a suit for injunction title is in issue for the purpose of granting injunction - Issue of title arises directly and substantially between the parties when the same issue arises..........
Criminal Procedure Code, 1973, Section 82, 85 -- Rights of third party - If property of accused is attached and sold it vests with the State - It cannot be a subject matter of execution of a decree - Third party has no right, title or interest in the same - Decree obtained by third party cannot be executed against that property...........
Civil Procedure Code, 1908, Order 21, Rule 66(2)(e) -- Value of the property - Court to state nature of the property to be sold - Compulsory sale of immovable property divests right, title and interest of the judgment debtor and confers those rights in favour of the purchaser - It should be endeavour of the Court to obtain adequate price of property put in for sale...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC forbids trial of any suit in which the matter in issue is also directly or substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other..........
Possession -- Defendant purchased suit property vide unregistered sale deed and paid the entire sale consideration and also obtained possession - Held, even if no title on the basis of unregistered sale deed/receipt can be conferred but plaintiff is estopped form reclaiming possession on the ground that there is no valid sale deed - Rule of estoppel applies. (Evidence Act,..........
Registration Act, 1908, Section 17 -- Unregistered deed requiring compulsory registration - Admission therein - Held, an admission in unregistered document, which amounted to declaration of title in the property cannot be used in evidence...........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3A -- Compromise decree - Setting aside - Title suit for setting aside compromise decree on ground that compromise was not lawful - Suit is specifically barred under order 23 rule 3-A - Remedy is to challenge said decree by preferring an appeal u/s 96 PC...........
