Registration Act, 1908, Section 17, 49 -- U, registered agreement to sell - Suit for specific performance not filed - U, registered agreement to sell would not create any title in favour of defendant and same cannot be received in evidence even in suit for specific performance which was never filed...........
Revenue entries -- Entries - are only for fiscal purpose and cannot be relied upon to determine the question of title...........
Transfer of Property Act, 1882, Section 107 -- U, registered lease deed - Signature of lessor does not appear in lease deed - Lease deed in question is even unregistered - Same cannot be construed as a valid lease deed - Plaintiff thus, not acquired any title by virtue of lease deed in question - Findings of Court below regarding possession is inconsequential...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Held, second suit is barred U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey Commissioner to measure out property - Measurements with the help of surveyor become necessary, only if necessity for measurement of property genuinely arises from pleadings of parties and if such an issue is raised - Merely because there is such denial of measurement of property or objection, that..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first and second suit will not operate as..........
Adverse possession -- Perfection of title by adverse possession - Suit for declaration of title and permanent injunction on the basis of perfection of title by adverse possession is maintainable...........
Adverse possession -- Perfection of title by adverse possession - In case of infringement of any of his rights a plaintiff who has perfected his title by adverse possession, can sue and maintain a suit...........
Adverse possession -- Perfection of title by adverse possession - Once the right, title or interest is acquired it can be used as a sword by plaintiff as well as a shield by the defendant within ken of Article 65 of Limitation Act and any person who has perfected title by way of adverse possession can file a suit for restoration of possession in case of dispossession...........
Adverse possession -- Perfection of title by adverse possession - A person in possession cannot be ousted by another except by due procedure of law and once 12 years period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom..........
