Record of rights -- Not a document of title - Entries made therein though are admissible as a relevant piece of evidence and may also carry a presumption of correctness, but such a presumption is rebuttable...........
Transfer of Property Act, 1882, Section 105, 107 -- Lease - Existence of lease deed must be proved - Lease must also answer the legal requirements of Ss.105 & 107 of the Act - Relationship of lessor and lessee and the terms and conditions of a lease depends upon the contract between the parties - In a case involving the State and particularly when the nature of the land is..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(1), 7(3) -- Ejectment petition - Question of title - Jurisdiction of Asstt. Collector - Petition for ejectment - Question of title raised - Commissioner remanded the matter to AC Ist with a direction to decide question of title - AC Ist ordered amendment of petition u/s 7(1) to a petition under sec. 7(3) -..........
Possession -- Suit for possession in absence of title is not maintainable...........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Locus standi to challenge acquisition proceedings - Notification u/s 4 & 6 for acquiring land - Petitioner purchase land after notification u/s 4 - Writ for quashing notifications - Sale of land after issuance of notification u/s 4 an encumbrance by owner - Sale void against state -..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 16 -- Land acquired for construction of new tubewell feeder channel - Land transferred to Forest Department - Writ of mandamus for releasing land - Reliance placed on Standing Order passed by Financial Commissioner for re-vesting title of acquired land to original owners - Land acquired 30..........
Transfer of Property Act, 1882, Section 54, 55 -- Sale of property by attorney - Sale deed executed - Payment of sale consideration not proved - Attesting witnesses to sale deed admitting that consideration not paid in their presence - Sale deeds not brought to the notice of the owner/Principal. Held - Sale deeds executed without consideration. Do not confer any title on..........
Title -- A person cannot by transfer or otherwise, confer better title on another than he himself has...........
Electricity connection -- Non providing of - Plea of the appellant that against the original owner outstanding electrical dues were there hence electrical connection was disconnected - Respondent who sought connection claims to have purchased the house - There is no registered sale deed - Without registered sale deed the respondent could not have acquired title to the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Misreading and misinterpreting a document of title read with other documents and the plan for the identification of the suit lands whereupon the plaintiffs themselves relied upon, gives rise to a substantial question of law...........
