Limitation Act, 1963, Article 62, Transfer of Property Act, 1882, Section 58(f), 54 -- Bank loan through overdraft facility by mortgaging property as collateral security by deposit of title deed - Deposit of title deed denied and Bank failing to rebut denial - Letter for redepositing title deed dated three months prior to date of sanction of loan and material particulars..........
Specific Relief Act, 1963, Section 34, 38, Evidence Act, 1872, Section 3 -- Suit for declaration of title and injunction - Claim made on basis of sale deed in the year 1963 and continuous possession - Claim denied by Corporation on ground that vendor had lost his title consequent upon acquisition of land for converting it into civil amenity site and that sale deed..........
Adverse possession -- Is a hostile possession by clearly asserting hostile title in denial of the title of true owner - Party claiming adverse possession must prove that his possession is peaceful, open and continuous - Possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner - It must start with a..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 19A -- Mere depositing of rent udder S.19-A does not amount renouncing character as a tenant or denial of title of landlord...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Title suit on the basis of sale deed - Specific denial by defendant - Execution of sale deed itself in dispute - Issue regarding execution of sale deed - Court ought to frame the issue regarding proof of execution of sale deed...........
Civil Procedure Code, 1908, Section 100 -- New plea in appeal - When can be allowed - Title of property - Not in dispute - No Plea - Denial also not there - Issue not framed - Title of plaintiffs over suit plot also admitted by defendants in written statement - Plea by defendant that plaintiffs had admitted that they were owner and in possession of only some portion of..........
Evidence Act, 1872, Section 116 -- Relationship of landlord and tenant - Denial by tenant - Auction sale by Municipal Council - Tenant attorned purchaser and making payment of rent - Till the auction sale is set aside it cannot be said that purchaser did not acquire a valid title - Sale effected by purchaser in favour of respondents not suffering from any infirmity -..........
Transfer of Property Act, 1882, Section 111(g), Evidence Act, 1872, Section 116 -- Denial of lessor's title - Where lessee has renounced his character as lessee by setting up title in himself by claiming adverse possession against lessor's title, lessee is estopped from claiming protection under Rent Act - Suit by lessor for declaration and recovery of possession is..........
Adverse possession -- Mere denial of title of true owner on suit property by persons in hostile possession - Does not disentitle them to claim adverse possession...........
Sale deed -- Consideration - Price already paid as per recital in the sale deed - No denial in written statement - Defendant himself not come into the witness box to deny the receipt of consideration - Sale deed duly proved - When execution of document is proved then onus shifts to the other party to prove lack of consideration - Moreover payment of price is not essential..........
