Evidence Act, 1872, Section 58 -- Admission - How to be made and its effect - Inference as to admission of the party regarding title of another party - Admission must be clear and explicit - Generally, no title can be created by admission...........
Transfer of Property Act, 1882, Section 54 -- Sale - Consideration - Proof - Recital in sale deed that entire consideration already paid - It is of no use when original sale deed is produced by defendant - It is usual practice that after registration of sale deed 'Registration Receipt' is exchanged and the same is handed over to the purchaser with endorsement and signature..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Question of title - Land in dispute whether part of public passage vesting in Panchayat or private property - To be decided by Collector alone on the basis of demarcation - Civil Court has no jurisdiction...........
Registration Act, 1908, Section 17(1)(b) -- Sale of another's property - Title of owner remains intact even if a stranger conveys that title to another stranger, which is ineffective - Owner can get sale deed cancelled by execution of cancellation deed and getting it registered without seeking remedy in a civil court for its cancellation...........
Transfer of Property Act, 1882, Section 5, 6(h), 7, Contract Act, 1872, Section 23 -- Transfer of property by a person without title or transfer opposed to nature of interest or for an unlawful object or consideration or transferee legally disqualified to be transferee - Title in property does not pass to the transferee...........
Registration Act, 1908, Section 17(1)(b), 18 -- Sale deed - Registration - By registration of sale deed it cannot conclusively be taken to be a legal and valid transfer of title - Vendor has still locus to question such sale deed as it may be a void document...........
Specific Relief Act, 1963, Section 31, 34 -- Cancellation of written instrument and suit for declaration - For cancellation of written instrument two conditions must exist i.e. written instrument is void or voidable against such person; and such person has reasonable apprehension that such instrument if left outstanding may cause him serious injury - So far as declaration..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plantiff claiming title on the basis of sale deed executed in 1989 - Amendment sought to raise a plea of adverse possession - Prior to filing of suit possession for period less than 3 years - Plantiff cannot be permitted include the period of pendency of suit to raise plea..........
Adverse possession -- Co-sharer - Long and continuous possession by itself does not constitute adverse possession - Even non-participation in the rent and profits of the land to a co-sharer does not amount to ouster so as to give title by prescription - A co-sharer, becomes a constructive trustee of other co-sharer and the right of a person or his predecessors-in-interest..........
Adverse Possession -- Joint property - Ouster of one of the co-sharers - Law summed up - (i) No hard and fast rule can be laid down from which it can be inferred that any co-sharer has ousted other co-sharer. It will depend upon facts of each case - (ii) Uninterrupted sole possession of joint property, without any definite evidence to show that a person is holding..........
