Civil Procedure Code, 1908 -- Nature of suit - Determination of - It is not the title of the suit which determines the nature of the suit - The nature of the suit is required to be determine by the reading all the avernments in the suit...........
Transfer of Property Act, 1882, Section 60, 62, 67, Limitation Act, 1963, Article 61(a) -- Usufructary Mortgage - Suit by mortgagee for declaration to the effect that they have become onus of land by prescription - Contention that after expiry of period of limitation to sue for foreclosure, the mortgages have a right to seek declaration in respect of their title over the..........
Evidence Act, 1872, Section 35, 110 -- Revenue record - Not a proof of title - Revenue record is not a document of title - It merely raises a presumption in regard to possession - Presumption of possession and/or continuity thereof both forward and backward can also be raised u/s 110 of Evidence Act...........
Family arrangement -- Law as to - Analysed - (1) A family arrangement can be made orally; (2) If made orally, there being no document, no question of registration arises; (3) If the family arrangement is reduced to writing and it purports to create, declare, assign, limit or extinguish any right, title or interest of any immovable property, it must be properly stamped and..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration of title simpliciter not maintainable unless consequential relief is also prayed for i.e. relief of possession - In the instant case plaintiff also prayed for permanent injunction restraining defendant from interfering in the possession of plaintiff - Suit maintainable in..........
Mutation -- Does not confer any title - Mutation is only for fiscal purposes to complete the record...........
Possession -- Open area/plot - Possession go with title of land...........
Possession -- Open space adjoining house - Used for tethering cattle and preparation of dung cakes - Such activities do not show the legal possession - Possession of open space/plot go with the title of land...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for possession - Defendants raised plea of adverse possession - When plea of adverse possession is raised it pre-supposes title over the suit land of the plaintiff - Plea that property is not identifiable falls to the ground...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(1)(b), 2(c) -- Relationship of landlord and tenant - In order to be a landlord a person is not required to be owner of property - A person who has no claim to the title of the property can also come within the definition of term 'landlord' - It is not necessary for the landlord to show his title to the property -..........
