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...........
Municipal record -- Ownership cannot be claimed on the basis of Municipal record - Municipal record cannot be construed as document of title - Entries in Municipal record are only for fiscal purposes of assessments and realisation of house taxes...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where averments regarding title are mentioned in plaint, but if matter involves complicated question of fact and law relating to title, Court will relegate parties to remedy of a comprehensive suit for declaration of title, instead of deciding issue in a suit for mere injunction. (2008(2) Apex Court Judgments..........
Evidence Act, 1872, Section 116 -- Denial of title of landlord by tenant - Ownership of landlord on basis of Will - Clear covenant in lease deed signed by predecessor-in-interest of tenant that landlord is absolute owner of tenanted premises - This one fact alone is more than sufficient to prevent tenant from now challenging the Will - Landlord not expected to discharge a..........
Land Acquisition Act, 1894, Section 4, Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings in award of Reference Court that lease stood determined for non-payment of rent - It is a finding by Reference Court for limited purpose i.e. not to accept tenant's claim for compensation - Issue before Reference Court decided against tenant for limited purpose of..........
Architects Act, 1972, Section 37 -- Prohibition against use of title - S.37 of the Act does not prohibit unregistered individuals from practicing activities undertaken by architects including design, supervision and construction of buildings - It only prohibits individuals not registered with Council of Architecture from using title and style of "Architect"...........
Architects Act, 1972, Section 37 -- Prohibition against use of title - Authority cannot promote or recruit individuals who do not hold a degree in architecture recognized by the Act to a post that uses title or style of "architect" - However, authority is free to change nomenclature of post to any alternative as long as it does not violate provisions of the Act by using..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea by defendant that suit property belongs to plaintiff and he has constructed a house and that he was in possession under agreement of sale, executed by plaintiff - Concurrent findings of two Courts below that no agreement of sale was executed by plaintiffs in favour of defendant -..........
Agreement to sell -- Specific performance - Person having an agreement to sell in his favour though does not get any right to property but has a right of litigation for title to property on that basis...........
