Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 4, 5, 21(h), 2(22b)(4), 2(22b)(5) -- Ejectment - Validity - Court below found that petitioner could not be considered owner merely on basis of copies of ration card and electricity bill - Contention on behalf of petitioner that in an abadi deh, there may not be any title deed and possession..........
Specific Relief Act, 1963, Section 5, 34, 38 -- Suit for declaration of title, recovery of possession and permanent injunction - Declaration sought that defendant has no right to close windows in wall of house of plaintiff and a direction to remove construction made over suit land and permanent injunction restraining defendants from making any construction - Defendant by..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed on ground of fraud - Fraud has to be proved on basis of oral or documentary evidence - Plaintiff failed to adduce any evidence worth the name for the said purpose - Execution of sale deed proved in terms of S.68 of Evidence Act - Mutation proceedings also decided in favour of defendant - Lower..........
Punjab Land Records Manual -- Chapter 4.23 - Tatima Shajra - Method of preparation - Held, in case of transaction based upon registered deed, revenue officer should immediately on receipt of registration memorandum from Registration Officer, direct Kanungo and Patwari to proceed on spot and prepare Tatima Shajra on basis of material given in registration memorandum and on..........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 4(i) -- Allotment of land - Deletion of condition of not permitting sale of land for 10 years after allotment vide notification dated 20.01.1979 - Allotment made after amendment of Rule deleting said condition - Imposition of said condition in conveyance deed - Held, improper - Direction issued to delete said..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Unless and until the condition of transfer is not embodied in the document which effects and purports to effect the sale, the transaction cannot be said to be a mortgage and in other words it shall amount to a deed of sale only...........
Transfer of Property Act, 1882, Section 53 -- Transferee pendente lite - Sale deed executed prior to attachment - Sale a fraudulent transfer in order to defeat the decree - Sale is hit by S.53 of the Act...........
Transfer of Property Act, 1882, Section 53 -- Transferee pendente lite - Transferee not a bonafide purchaser who had knowledge of the execution proceedings inspite of which, in order to defeat the decree, in collusion with the original seller got the sale deed executed - Held, purchaser not a bonafide purchaser and sale is hit by S.53 of the Act...........
Agreement to sell -- Suit for specific performance - Plea that agreement was executed only as a security for due repayment of loan - Handing over original documents at the time of execution of agreement to sell - Normally, original documents are given to purchaser only at the time the sale deed is executed - It is a circumstance which indicate that the transaction was not..........
Evidence Act, 1872, Section 65, Registration Act, 1908, Section 57(5) -- Secondary evidence - Registered document - Original sale deed lost - Certified copy of registered sale deed - Petitioner permitted to lead secondary evidence of the sale deed...........
