Civil Procedure Code, 1908, Section 11, 96 -- Resjudicata - Right to file appeal - Suit for title on account of succession - Dismissed - Finding regarding tenancy of co-defendant - Not to operate as resjudicata in subsequent suit for redemption of mortgage as (i) Dispute regarding tenancy not substantially matter in issue in earlier suit, and (ii) Plaintiff has no right to..........
Consent decree -- Non incorporation in revenue record - Inconsequential as revenue record is not a document of title - Mere delay in incorporating the decree in the revenue record, cannot be a circumstance to hold that the decree suffered is void...........
Transfer of Property Act, 1882, Section 54, 51, 52 -- Bonafide purchaser - Decree on basis of oral family settlement - Mutation not got sanctioned on that basis - Subsequent sale of property - Purchasers purchased property on verifying revenue record which did not reflect any right or title in favour of appellants - Held, purchasers are bonafide purchasers...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 38 -- Suit for declaration and for grant of permanent injunction - Plaintiff claiming to be bona-fide purchaser and in possession of suit land - Vendor owner to the extent of 1/12th share in total land - By mistake recorded as owner of 1/2 share - Mistake corrected - Plaintiff/vendee purchased share of vendor after the..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand with liberty to lead evidence - Suit for possession on the basis of title - Plaintiff given sufficient opportunity to prove his case - Failed to produce documents to show title of property - Suit dismissed by Trial Court - High Court in appeal remanded matter for reconsideration with liberty to adduce evidence -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for permanent injunction - Any incidental finding given regarding title to the property does not operate as res judicata...........
Evidence Act, 1872, Section 101, 102, 103, 104 -- Burden of proof and onus of proof - Suit for possession based on title - Plaintiff able to create a 'high degree of probability' - Onus shifts on defendant - It is for the defendant to discharge his onus and in the absence thereof the burden of proof lying on plaintiff shall be held to have been discharged so as to amount..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession on ground of purchase of land - Defendant claiming ownership over land - No material on record to show that vendor plaintiff had prima facie title over disputed land - In revenue record defendant recorded as owner - Refusal to grant injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Title of property plays an important role in the matter of drawing presumption as to possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - If plaintiff is able to prove his possession on the basis of his title upto a particular point of time then the same state of affairs deserves to be presumed in a forward direction - Such presumption must stop, if it meets a road block, in the form of a more assertive and evident proof..........
