Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Restraining defendant from interfering in his sehan (appurtenant of land) land - Plaintiff failed to establish that suit property is his sehan land - Both the Courts below disbelieve the testimony of PW2 and statement regarding suit property and facts regarding possession was not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge sheet discloses commission of an offence as accused forcefully demolished the wall and taken possession without recourse to process of law - No case made out for quashing FIR...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Security Interest Enforcement Rules, 2002, Rule 8(5), 9 -- Secured asset - Sale of secured asset consequent to taking over possession if borrower has failed to clear outstanding liability - Mode of sale referred to in R.8(5) of the Rules after giving notice..........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - A purchaser of immovable property who has been put into possession of property pursuant to agreement for sale is entitled to seek protection in respect of his possession in that capacity only if the agreement is sufficiently stamped and registered...........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - Landlord tenant relationship - Suit for possession, damages and mesne profits - No interest in immovable property can be claimed or transferred on the strength of an unregistered document - Moreso, there is nowhere provided that possession has been delivered to tenant in part..........
Stamp Act, 1899, Article 47A -- Agreement to sell - No recital as to delivery of possession - Agreement does not fall within the mischief of S.47-A of the Act - However, possession delivered, vide a letter executed by defendant in favour of plaintiff pursuant to agreement to sell - Held, letter falls under Article 47-A of the Act because delivery of possession was effected..........
Registration Act, 1908, Section 17, 49 -- Unregistered document - Admissibility - Photocopies of Receipt, Possession Letter, photocopy of unregistered Will, Agreement to Sell and General Power of Attorney on plain paper placed on record are inadmissible in evidence...........
Suits Valuation Act, 1887 -- Suit property was purchased by plaintiff out of the proceeds of joint family property - Presumption arises that it was a joint property - Burden was on plaintiff to establish that suit property was acquired by him without aid of joint family funds which he failed to discharge - Moreover, plaintiff himself is not having any document on the basis..........
Indian Contract Act, 1872, Section 148 -- Bailment - Title to the goods is irrelevant in case of bailment - Any person who is capable of giving physical possession of goods can enter into contract of bailment...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Suit for declaration, injunction and recovery of possession filed by defendant by way of counter claim - Plaintiffs in possession and enjoyment of suit property - Defendants have not produced any other document except patta to establish their title over property - Even otherwise, suit property is..........
