Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Title deed not of much use in such matters - Pahanies two years prior to the suit filed - Contention that Panchayat Secretary not competent to issue the same - Their evidentiary value can be ignored only if defendant comes forward with any better or more reliable documents - Defendant..........
Transfer of Property Act, 1882, Section 122 -- Conditional gift deed - Validity - Donor retaining possession and enjoyment right and also right to mortgage the property during his life time - No evidence of acceptance - Later on gift deed cancelled and sale deed executed in favour of others - In absence of a valid divesting of the absolute right of the donor in favour of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit to restrain defendant from interfering with possession of plaintiff on basis of alleged gift deed in his favour - Plaintiff sought to file copy of record of right prepared by Consolidation Authority etc. - Not opposed - Document also necessary to adjudicate dispute - Said documents admitted as..........
Transfer of Property Act, 1882, Section 6(d),122 -- Gift - Gift deed cannot be ineffectual merely because donor had reserved to herself the possession and enjoyment in her life time of the property gifted ...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Oral gift - Daughter claiming to be in occupation of her father's property by way of oral gift - Claim not maintainable in absence of registered gift deed - Mere possession is not sufficient, where deceased had gifted suit property under registered gift deed to his wife, who in turn, had..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Deceased (female) got land from uncle of her husband by way of gift of life - time interest - Terms of gift deed show that after death of donee, donor's heirs will come into possession - Gift deed created only limited rights in favour of donee of life - time interest - Life - time interest..........
Adverse possession -- Party in possession claiming possession under gift deed which has not been proved and making alternative plea of adverse possession - In absence of proof that party has disclaimed his right under gift deed and asserted possession under title hostile to knowledge of owner within statutory period and that owner acquiesced to it, he cannot succeed to..........
Transfer of Property Act, 1882, Section 54 -- Benami - Burden of proof - Tests for determination - Burden of proving that purchase is benami and that purchaser is not real owner, rests on party asserting it to be so - Source from which purchase money came, relationship between person who paid purchase money and alleged benamidars, custody of title deed and conduct of..........
Mohammadan Law/Mohammedan Law -- Gift - Validity - Three essentials are (i) Declaration of gift by donor (ii) acceptance by donee and (ii) delivery of possession of property gifted from donor to donee - Gift will be rendered invalid if any one of essential conditions are not complied with - Where there is no recital in deed of settlement that donee had accepted gift and..........
Transfer of Property Act, 1882, Section 122 -- Gift - Plaintiff retained both title and possession of suit property during her life time - Deed could not be construed as a gift deed - Under a gift there has to be divesting of title and possession of donor and vesting of same in the donee and there has to be a proof of delivery and acceptance of possession of gifted..........
