Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a party - Suit for specific performance - By addition of a party if suit for specific performance is converted into a suit for title then party to be added is neither a necessary nor a proper party...........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Title of plaintiff denied in written statement - Defendant setting up plea of his title - Amendment sought to take plea of possession - In fact this plea is by way of counter claim - Question of limitation for entertaining counter claim does not..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Depends on the recitals in the document, irrespective of title of the document - Document is to be read as a whole - If an interest in the immovable property entitling the transferee to enjoyment is created, it is a lease, if permission to use land without right to exclusive..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Person who holds a title or acquires title subsequent to the agreement - He is proper and sometimes necessary party - Suit for partition filed by sons of defendant in Revenue Court and that suit decreed - Order allowing impleadment of sons of defendant as party to the suit - No reason to..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Suit for declaration regarding ownership - Plaintiff's claim that she is owner of suit property and defendants are rank trespassers - No document of title in favour of defendant - Defendant alleged secured power of attorney - Are also in possession of certain signed documents of predecessor in..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Nature and scope - Proceedings before Revenue Officer summary in nature - Important for regularisation of Land Record - Does not confer any title in property...........
Evidence Act, 1872, Section 116, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Tenant or a person claiming through such tenant cannot deny title of landlord - A tenant cannot be permitted to change the nature of his possession - Person entering as a lessee of the Panchayat by way of a resolution, paying rent as per entries in the revenue record and..........
Indian Penal Code, 1860, Section 380, 457 -- Stolen property - Recovered - Two persons claiming title - It is for Civil Court to decide title...........
Specific Relief Act, 1963, Section 7, 34 -- Code of Civil Procedure, 1908 Order 20 Rule 9 - Theft of gold articles - Accused convicted - Stolen property recovered - Dispute as to custody of seized gold articles - Two persons claiming stolen property - Criminal Courts cannot decide the question of entitlement - Civil Court to decide title - Parties directed to get there..........
Specific Relief Act, 1963, Section 28(1) -- Vendor or lessor can make an application u/s 28(1) of the Act - Petition by transferee pendente lite for declaration that she is a bona fide purchaser and that the judgment and decree is not binding on her and that decree holder is not entitled to get the document of title executed is not maintainable...........
