Adverse possession -- Possession whether permissive - Transferee when put into possession in pursuance of any oral transfer or a deed of transfer not registered with clear animus and on the distinct understanding that from that time onwards, he shall have no right of title to the property then transferee after getting into possession retains the same with the clear animus..........
Adverse possession -- Possession whether permissive - Agreement to sell - Vendee put into possession - It is an acknowledgement of title of vendor which excludes the theory of adverse possession - Possession of transferee under an agreement of sale is only permissive and deemed to be on behalf of owner himself until the date of registration of sale deed...........
Suit for possession -- A suit for mere possession or ejection without seeking declaration of title when a cloud is cast on the tile, is not maintainable...........
Limitation Act, 1963, Section 27 -- Adverse possession - Proof - Evidence of defendant shows that house was constructed about 25 years back - As per evidence of plaintiff, house was constructed about 8-9 years back, but yet he deposed that at the time when house was constructed, he objected to its construction - One witness in another case stated that house was constructed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for mandatory injunction directing defendants to execute a fresh agreement to sell in accordance with the agreement of sale and get the same registered and deliver the same to plaintiff - Ad interim injunction also sought on the plea that defendants are negotiating for selling the land in..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a) -- Sub letting - After death of original tenant his legal representatives started running a firm over tenanted premises - Held, legal representatives of original tenant by running a firm had parted with possession of the tenanted premises in their own individual capacity - With the parting of..........
Wakf Act, 1954, Section 56, Transfer of Property Act, 1882, Section 106(3) -- - Courts can grant lesser relief than claimed, in the facts and circumstances of the case - In suit for possession along with structure, appellate court decreed suit for possession, directing defendants to hand over possession of the plots leased, after removing the malba which belong to the..........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 73 -- Displaced Persons (Compensation and Rehabilitation) Act, 1976 - Allotment/transfer of land in excess to lawful entitlement - Held, a displaced person who is in possession of an excess land does not have a vested right to insist that the excess land should only be sold to him - If a displaced person has no..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subject matter of dispute - Subject matter of earlier suit was different from subject matter of this suit - It is appellants' own case that in that case plaintiff's claim was that he was in possession of Khasra No.1404 and that the same was owned by appellants-defendants and that they were trying to interfere in his..........
Rent and Eviction -- Shop - Bonafide requirement - Partial eviction - Question as to whether partial eviction could serve the purpose of both the parties - Not considered by High Court - Held, in order to meet the ends of justice the landlord shall recover possession of half of the area of the premises...........
