Mutation -- Mutation of a property in revenue record does not create or extinguish title nor has it any presumptive value on title - It only enables person in whose favour mutation is ordered to pay land revenue - Mutation proceedings do not adjudicate rights of parties and orders passed in mutation proceedings are always subject to adjudication by competent Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Title suit - Concurrent findings of trial Court as well as first appellate Court that plaintiff had right, title and interest over suit property - Findings of fact sans any perversity cannot be interfered with in second appellate stage - Suit rightly decreed - Second appeal dismissed...........
Succession Act, 1925, Section 276 -- Probate - Will - Probate Court is not competent to determine title of property bequeathed - Jurisdiction of a probate Court is limited to determine that Will executed by testator was his last Will - Whether he/she had right to execute the Will with respect to the property is beyond consideration in a probate application...........
Civil Procedure Code, 1908, Order 13, Rule 8 -- Impounding of document - Mere impounding of documents would not by itself confer any right, title or interest in the property either in favour of respondents or adverse to the interest of petitioners...........
Agreement to sell -- Agreement to sell with irrevocable power of attorney - Does not create title or create interest in the property...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervener - Title suit - Respondent no.6/petitioner has been able to bring on record certain documents which had been showing her interest in the suit property claiming through their vendors - Plaintiffs made vendor of petitioner as defendant - If petitioner is a purchaser prior to institution of suit,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for injunction simplicter - Not maintainable where complicated disputed questions of fact and law relating to title and possession of parties over suit property involves, as same can only be decided in a comprehensive suit for declaration of title and injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title and interests in the suit property of predecessors of plaintiff have been invalidated by Court's order - There is thus, no prima facie case in favour of plaintiff at the interim stage of suit - Application rightly dismissed...........
