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..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - When plaintiff prays for declaration of his right, title and interest over suit properties, onus for proving title of plaintiff over suit properties lies solely upon plaintiff and he shall prove his title over suit properties independently without depending upon defendant's failure to..........
