Transfer of Property Act, 1882, Section 119 -- Exchange - Plaintiff taking property in exchange - Third party taking its forcible possession and plaintiff thus losing his possession - Not a case of defect in title - Section 119 does not apply...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Part payment to be made in future - Balance amount not paid as agreed - Notice not issued - Conduct of plaintiff shows that intention of parties was only to transfer the land in question - Merely because part payment, as agreed, not paid, it cannot be said that title did not pass vide registered sale deed..........
Transfer of Property Act, 1882, Section 54 -- Sale - A document can be executed even if part of the sale consideration is promised to be paid in future - If from recitals in the sale deed it appears that title would pass after payment of consideration, the inference would be that until consideration is paid, there is no transfer - However, if it appears that passing of..........
Land Acquisition Act, 1894, Section 17(3A), 23(1A), 28 -- Acquisition of land by private negotiation and possession taken prior to issuance of notification u/s 4 - State by several resolutions provided for rental compensation payable to title holders of lands - Writ petition praying interest on rental compensation for delayed payment - High Court allowed interest at 12% -..........
Evidence Act, 1872, Section 116 -- Relationship of landlord and tenant - Denial by tenant - Auction sale by Municipal Council - Tenant attorned purchaser and making payment of rent - Till the auction sale is set aside it cannot be said that purchaser did not acquire a valid title - Sale effected by purchaser in favour of respondents not suffering from any infirmity -..........
Adverse possession -- Adverse possession by sons of owner - Land declared surplus with original landowner - Surplus area allotted - Allottees in turn sold surplus area by registered sale deed - Suit for possession by vendees from allottees - Resisted by sons of original landowner on the plea of hostile possession being adverse to interest of real owners thus maturing into..........
Punjab Tenancy Act, 1887, Section 4, 5, 6, 7, 8, Evidence Act, 1872, Section 17, 18 -- Mere assertion on the part of defendants that they were tenants over the land in dispute and continued to be so from their fore - fathers - Would not amount to admission with regard to title of plaintiffs of the property in dispute when neither mentioned that defendants are tenants under..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Power of Court - Prima facie case - Meaning of - Triable question must exist - Prima facie case should not be confused with prima facie title...........
Specific Relief Act, 1963, Section 6 -- Question of title is irrelevant in a suit instituted u/s 6 as such a suit is tried summarily and the relief which the Courts are competent to grant is one of recovery alone and not any other relief to grant which question of title will crop us even incidentally - Decree passed u/s 6 is neither appealable nor liable to be reviewed -..........
Adverse possession -- Joint Family Property - In order to establish adverse possession of joint property or joint family property, ouster must be pleaded and proved - A member of a joint family claiming absolute title to a certain property as having been allotted to him in partition cannot claim taking an inconsistent plea that he acquired title to said property by adverse..........
