Transfer of Property Act, 1882, Section 62, 111 -- Evidence Act, 1872, Section 115 - Estoppel - Tenancy followed by mortgage - Suit for redemption - Mortgagee disputing right to recover possession - Mortgage deed acted upon - Parties altered there position knowingfully well there mutual rights and obligations under the agreement - Mortgagee estopped from disputing the..........
Transfer of Property Act, 1882, Section 111(f) -- Tenancy - Implied surrender - Implied surrender of tenancy may be either - (i) By creation of a new relationship - (ii) By relinquishment of possession - Virtual taking of possession is not sine quo non for implied surrender, as the same can be created by a new relationship also - A tenant may continue to occupy the..........
Will -- Suspicious circumstances - Testator bequeathing property in favour of his niece leaving his own wife and minor children - Will though registered was held to be not genuine on following grounds - (i) No sane person, save and except for very cogent reasons, would disinherit his wife and minor children, (ii) No apparent reason for Will in favour of niece depriving..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Scope of execution of ejectment order - Petition for eviction u/s 7 of the Act - Ejectment ordered - Execution filed by Gram Panchayat - AC Ist ordered issuance of warrant of possession - Order challenged in appeal on the plea that land in dispute does not vests in the Gram Panchayat, AC Ist had no..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Use of terms by itself is not sufficient to hold the nature of the right created by the document - An effort should be made to find out whether the deed confers a right to possess exclusively coupled with transfer of a right to enjoy the property or what has been parted with..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Sub letting - Premises let out for 10 years with permission of sub letting - Tenant crating sub tenancy - Expiry of 10 years - If sub tenant continues in possession even after the expiry of the period of lease, then tenant would be guilty of sub letting...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20B, 54 -- Ganja in secret chamber of jeep - Mere presence of ganja in jeep does not constitute possession - There must be knowledge about it on the part of the occupant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Ganja in secret chamber of jeep - Appellant in his statement recorded by Customs Officials denied having any knowledge of presence of ganja in false chamber of the jeep - In his statement recorded on next day appellant confessed of the offence as also knowledge about possession of ganja in the jeep - Both..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Guide to determine the nature of he transaction : (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any,..........
Adverse possession -- It is possession hostile to the true owner - If the person is not sure as to who is the true owner then question of his being in hostile possession and question of denying title of true owner does not arise...........
