Co-owners -- Plea of ouster - In the case of an ouster of a co-owner, it must be brought to knowledge of co-owner concerned, that his rights are invaded in open assertion of a hostile title...........
Partition -- Plaintiff had no knowledge about execution of partition deed of 1990 as alleged by defendants - Moreover, plaintiff is not a party to said partition deed - Courts below has rightly held that defendants failed to establish that plaintiff has received a sum of Rs.10,000 towards her share - As regarding plea of ouster taken by defendants, in the absence of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell does not confer a valid title on the plaintiff as it is not a deed of conveyance as per S.54 of the Act - At best, it only enables plaintiff to seek specific performance for execution of a sale deed and does not create an interest or charge on the suit property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Receipt of consideration/Affidavit do not confer a valid title upon plaintiff because as per S.54 of the Act it is only through a deed of conveyance that title can be transferred...........
Power of Attorney Act, 1882, Section 2 -- General Power of Attorney (GPA) - GPA in question merely authorises grantee to manage affairs of suit property which includes power to let out property on rent and create a mortgage of the same etc. - However, it is silent on the aspect of conveyance - Recitals of power of attorney would indicate the intent of grantor is to limit..........
Will -- Suspicious circumstances - Testator had four children including plaintiff and defendant No.1 - There is not even a whisper of reasoning as to why testator choose to exclude other three children from bequest and whether any other properties or assets were given to them - It is highly unlikely that a father would grant his entire property to one of his children at..........
Mutation -- Entry in revenue records does not confer title on a person whose name appears in record of rights and that such entries are only for fiscal purpose and no ownership is conferred on basis thereof - Question of title of a property can only be decided by a competent Civil court...........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from the person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive..........
Mutation -- Order passed in mutation proceedings - Not amenable to writ jurisdiction - Mutation proceedings being of a summary nature drawn on basis of possession do not decide any question of title and orders passed in such proceedings do not come in the way of a person in getting his rights adjudicated in a regular suit - Such petitions are not to be entertained in..........
