Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Suit for declaration of title and permanent injunction - Applicants except stating that they are in possession of property and are cultivating the same for more than 30 years, have not shown that they have a direct interest in the subject matter of litigation so as to allow them to come on..........
Co-owner -- Possession by one co-owner - It is possession of all co-owners and there cannot be any acquisition of adverse title unless there is clear `ouster'...........
Adverse possession -- Co-owners - Co-owner who claims adverse title has to prove ouster of other co-owner by an open assertion to the knowledge of that co-owner expressing and asserting his animus to hold the property in derogation of right title or interest of that co-owner - Ouster must qualify the requirement of the necessary animus to oust the co-owner from possession..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Unregistered and unstamped sale agreement - Suit for recovery of money advanced under sale agreement - As suit is not for specific performance of contract or declaration of title as such agreement can be considered in evidence for collateral purpose, though it is unstamped and unregistered agreement...........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment - Typographic error in mentioning name of respondent wrongly in cause title of judgment - Change of name of respondent ordered to be corrected...........
Registration Act, 1908, Section 17, 49 -- Sale deed - Un-registered - Un-registered sale deed cannot be admitted in evidence, as plaintiff claims title on that basis - Said document even cannot be looked into for any collateral purpose as it is neither stamped nor registered...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Plaintiffs father mortgaged ancestral property in favour of defendants - Defendants admitted that suit property was mortgaged in their favour - Relation between parties as mortgagor and mortgagee duly established - Defendant failed to establish that un-registered sale deed was signed by owner of suit..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
