Specific Relief Act, 1963, Section 37, 41 -- Injunction - Title over property along with symbolic possession is claimed in the plaint - Therefore, suit not barred u/ss 37, 41 of the Act...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - A person claiming title on the basis of a sale deed needs to prove the title of his vendor...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff filed the suit on the basis of sale deed - However, he failed to prove that his vendor had a good title in the property - Plaintiff having led no cogent and convincing evidence to prove his possession on the property in dispute, his suit for permanent injunction rightly dismissed...........
Title -Title to a property cannot pass merely by admission...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Suit for possession -- Limitation - Plaintiff has sought relief of possession on the basis of title - Until and unless, defendant is not able to prove her adverse possession, suit of plaintiff for possession is within limitation, as no limitation is prescribed for seeking possession on the basis of title...........
Mutation -- Mutation entries or revenue records do not confer or extinguish title...........
Mutation -- Issue of title on the basis of Will - Issue requires evidence for proving the Will and petitioners have a remedy in terms of S.144 of UP Revenue Code to get their rights declared and is available - Writ petition dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration - Mere fact that no relief other than declaration is claimed cannot be the reason to decline decree of declaration - Declaration decree does not confer any new right but only clears the mist, which might have gathered around the title to property or the status/legal character of plaintiffs regarding..........
Revenue record -- Revenue records (Jama Bandis) are only entries for the purpose of realising tax by municipal Corporations or land revenue by Gram Sabhas - It does not confer title...........
