Agreement to sell -- Specific performance - Bonafide subsequent purchaser for value without notice - Enquiry not made as to who is in cultivating possession of suit land - Jamabandi also not looked into to know as to who is cultivating the land - Having his own agricultural land adjoining the land in question, visiting the place frequently, cannot be ignorant and is..........
Possession -- Open area/plot - Possession go with title of land...........
Possession -- Open space adjoining house - Used for tethering cattle and preparation of dung cakes - Such activities do not show the legal possession - Possession of open space/plot go with the title of land...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for possession - Defendants raised plea of adverse possession - When plea of adverse possession is raised it pre-supposes title over the suit land of the plaintiff - Plea that property is not identifiable falls to the ground...........
Adverse possession -- Once the defendant raises a plea of adverse possession, plaintiff is presumed to be owner of the suit land...........
Punjab Land Revenue Act, 1887, Section 34, 35 -- Mutation - Can be sanctioned on the basis of registered sale deed even if possession not transferred - Sale deed not challenged - Vendors having no objection in sanctioning of mutation - Revenue Officers duty bound to give effect to the registered sale deed. 2005 (2) PLR 103 (DB) relied...........
Housing -- Auction purchase - Allotment letter - Possession - Delay and latches - Delay of five years - Deficiency in service - Interest - On deposited amount awarded @ 15% from the date when plot was available (litigation ended) till possession...........
Consumer Protection Act, 1986, Section 21(b) -- Housing - Plot allotment - Delay of 12 years in delivery of possession - 10% interest on deposited money with nominal cost of escalation of Rs. 70,000/ - granted which is less than settled law - Moreover revision by HUDA is barred by limitation as filed after 538 days - Petition dismissed...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d,) -- Amritsar Improvement Trust Land Disposal Rules , 1951, Clause 2(b) and 5(ii) - Plot allotment - Local displaced person - Enhanced price - Market price - Asking for by respondent - No grounds shown to demand market price from the appellant, thus varying the terms of allotment letter arbitrarily and without any..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction to protect possession - Plaintiff claiming to be in possession as tenant - Tenancy denied - Payment of rent - Mere payment of rent does not create tenancy - However, when execution of receipts is accepted then it is for the owner to explain why money was accepted and agreed to be adjusted towards..........
