Specific Relief Act, 1963, Section 34, 31 -- Suit for cancellation of a document or declaration of title - Plaintiff can succeed only on the strength of case set up by him and it is immaterial whether defendants have proved their case or not...........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - It is incumbent upon plaintiff to establish that he has a prima facie title over suit property for claiming cancellation of gift deed...........
Agreement to sell -- Execution of power of attorney and Will alongwith agreement to sell - Does not confer title - Such documents cannot override the provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Not a transaction of sale or a document transferring the proprietary rights in an immovable property but prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected u/s 53-A of the Transfer of..........
Eviction & Mesne profits -- Possessory title - Execution of agreement to sell - Vendee settled with possessory title in part performance of the agreement to sell - Vendor lost his possession and acquired right of possession under a licence simpliciter and he exhausted his right to continue in possession after the licence has been determined - Vendee rightly held to be..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party objections - Execution filed against brother of petitioner - Petitioner came up for the first time in execution case with a plea that if decree is executed he would be dispossessed, as he has right, title and possession over property in question - He did not take any steps to ventilate his..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Defendants filed counter claim seeking relief of possession - Plaintiff failed to prove acquisition of title over suit land by way of adverse possession - True owners were within their right to claim possession of suit land from plaintiff on basis of their title -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for injunction is maintainable on the basis of possessory title...........
Adverse possession -- Once the title of property is held in favour of plaintiff in an earlier suit, in such circumstances, onus to prove acquisition by adverse possession lay on the defendant...........
Indian Penal Code, 1860, Section 420, 441, 447, 427, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute regarding title over property in question - It is for civil Court to decide who has title over said property - Police cannot decide rightful owner when two parties are claiming ownership tracing back to very same vendor/seller of property - Case..........
