Limitation Act, 1963, Article 64, 65 -- Adverse possession - Burden of proof - High Court in regular second appeal formulated substantial question of law that burden of proof lies on the plaintiff to prove his title. Held - Substantial question erroneously framed by High Court. Burden of proving perfection of title by way of adverse possession lies on defendant. Judgment..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B -- Revision - Maintainability - Petition u/s 7 for rejectment of unauthorised occupants - Question of title raised - Decided by Assistant Collector Ist Grade - Under proviso to Sec. 7, land held to be vested in Gram Panchayat - Appeal dismissed by Collector - Revision u/s 13B(2) not filed - Order regarding..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(1), 13A -- Question of title - Maintainability of suit u/s 13A - Ejectment petition filed by Gram Panchayat u/s 7 - Question of title raised - Adjudicated in terms of proviso to sec. 7(1) - Gram Panchayat held to be owner of land - Appeal before Collector dismissed - Orders of Collector not challanged - Question..........
Transfer of Property Act, 1882, Section 52 -- Scope - Principle of lis pendens is a principle of public policy - There is no question of good faith or bona fide - Principle underlying lis pendens is that a litigating party is exempted from taking notice of a title acquired during pendency of litigation - Mere pendency of suit does not prevent one of the parties from..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Ejectment from unauthorised possession - Question of title raised - Land leased by Gram Panchayat - Lease expired - Possession not delivered back to Gram Panchayat - Ejectment petition u/s 7 filed - Question of title raised - No documentary evidence to prove ownership - Proceeding u/s 7 cannot be stalled..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Question of title - Suit for permanent injunction restraining defendant from interfering in possession of the land - Plaintiff not found in possession of land - Question of title also decided against plaintiff - In a suit for permanent injunction based on protection of possessory title, plaintiff entitled to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Question of title - Land in dispute whether part of public passage vesting in Panchayat or private property - To be decided by Collector alone on the basis of demarcation - Civil Court has no jurisdiction...........
Registration Act, 1908, Section 17(1)(b), 18 -- Sale deed - Registration - By registration of sale deed it cannot conclusively be taken to be a legal and valid transfer of title - Vendor has still locus to question such sale deed as it may be a void document...........
Civil Procedure Code, 1908, Section 11 -- Specific issue framed regarding title in the earlier suit for permanent injunction - Question of title decided - Subsequent suit for possession by way of partition - Decreed relying on judgment of earlier suit - Finding on title in earlier suit rightly relied by Court below...........
Specific Relief Act, 1963, Section 37 -- Suit for permanent injunction - Decreed - Plaintiff held to be in possession of suit land on basis of sale deed - Findings regarding sale deed challanged in Appeal - Another suit for declaration of title pending - Findings regarding sale deed limited to extent of adjudicating question of injunction - Not to come in way of suit for..........
