Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition proceedings whether can continue during pendency of civil suit - Neither any reference to nature of civil suit nor any specific order of Civil Court staying proceedings of partition - Failure to establish that question of title involved and yet to be decided - No need to stay partition proceedings - Partition..........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Attachment of property in custody of Court - Execution application - Transfer of - Question of title between D Hand Stranger - Also pending - Also to be decided by Transfer court - Transferee Court need not remit amount automatically to transferor Court...........
Civil Procedure Code, 1908, Order 7, Rule 3, Evidence Act, 1872, Section 92, 101 -- Evidence - Dispute regarding identity of property - Sketch plan prepared by the plaintiff - Not proved according to law - Written admission of defendant - Confronted with the same - Admitted its correctness - Placing reliance by Court on defendant's witness for conclusion that plaintiff..........
Civil Procedure Code, 1908, Section 100 -- New plea in appeal - When can be allowed - Title of property - Not in dispute - No Plea - Denial also not there - Issue not framed - Title of plaintiffs over suit plot also admitted by defendants in written statement - Plea by defendant that plaintiffs had admitted that they were owner and in possession of only some portion of..........
Civil Procedure Code, 1908, Order 21, Rule 101, 99, 97 -- Open vacant land - In execution of decree owner dispossessed as possession reported to be delivered to D.H. - Owner looses his right and control over the land when Nazir of Court delivered possession to D.H. - Such a person can make an application to executing Court and seek adjudication of his right and title in..........
Registration Act, 1908, Section 17 -- Consent decree - No antecedent title or interest in suit land - Interest or title created for the first time on passing of the decree regarding property of value of more than Rs.100/- - Held, decree requires compulsory registration - Without registration decree does not confer any valid title...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Title suit dismissal in default - Status quo order passed on application filed in the suit - Does not remain operative on dismissal of suit. (Para 8) Civil Procedure Code, 1908, O.47.R.1(1)(c) - Error apparent - Meaning of - An error apparent on the face of the record, cannot be defined precisely and it has to be decided..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier title suit - Permanent injunction also sought - Relief of specific performance also available at that time - Subsequent suit for specific performance of oral contract of sale - Subsequent suit, not maintainable...........
Criminal Procedure Code, 1973, Section 145, 146 -- Effect of the order of Magistrate passed u/s 145/146 Cr.P.C. - (i) `Competent Court' - Do not necessarily mean a civil court only - A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the..........
Possession -- Delivered in pursuance of an agreement to sell - Rescission of contract - Person who took possession is bound to return the possession to the person from whom he took possession even on the ground that that person lost his title to the property and title to the property now vest in third party...........
