Land and Property -- Tenancy - Eviction - Held, neither a tenant nor a licencee can deny the title of landlord or licensor...........
Specific Relief Act, 1963, Section 34 -- Agreement to sell - Suit for declaration to be owner of suit property on the basis of an agreement to sell - Held, suit is not maintainable - Merely an agreement to sell does not create title in favour of plaintiff...........
Transfer of Property Act, 1882, Section 41, 43 -- Transfer of property by sale - Title over suit land - Plaintiff transferee knowing fully well that suit land belonged to Mrs.J. and defendant was her grandson - Transferor as such did not possess title over suit land - Thus, S.43 would have no application and plaintiff would not be entitled for benefit of Ss.41 and 43 of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Factors to be considered - Held, when an application for impleadment of a party is filed, all that Court needs to consider is, whether applicant has made out a prima facie case on his interest in the subject matter of the dispute and whether his presence is necessary for proper and effectual..........
Transfer of Property Act, 1882, Section 122,123,124,125,126,127,128,129 -- Gift deed - Gift deed executed by Mohammedan is not instrument effecting, creating or making of gift - Such writing is not a document of title but mere piece of evidence - S.129 of T.P.Act preserves rule of Mohammedan Law and excludes applicability of S.123 of T.P. Act to a gift of an immovable..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Buyer's charge - Is statutory charge as distinguished from contractual charge - Charge comes into force the moment buyer pays purchase money or any part thereof - Subsequent compromise entered into between seller and buyer and that too at time when seller had lost title - Would not efface statutory charge available to..........
Limitation Act, 1963, Article 65 --- Partition suit - Art.65 comes into play only when suit for possession of immovable property based on title is filed - Same is not applicable when suit for partition on previous joint possession is filed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Ingredients : (i) the plaintiff must be a person entitled to any legal character or to any right as to property; (ii) the defendant must be a person denying, or interested to deny, the plaintiff's title to such character or right; (iii) the declaration sued for must be a declaration that the plaintiff is..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Grant of - Factors to be considered - Held, in a suit for injunction it is essential for plaintiff to prove his possession over suit schedule property as on date of filing of suit - Plaintiff is not required to prove title - Scrutiny of title in such a suit is only to see whether plaintiff holds a semblance of..........
Rent and Eviction -- Denial of title of landlord or tenant asserting title to the property - Burden lies on landlord to show that he has prima facie title to the property - Though no detailed examination is required but only for the purpose of determining whether the denial of the title by tenant is bonafide or not, landlord has to let in some satisfactory evidence to..........
