Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Determination - Intention of parties is to be gathered from document itself - Mainly, intention is to be gathered from meaning and words used in the document except where it is alleged and proved that document is a camouflage...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction without seeking declaration of title - In suit nothing narrated about title dispute - Suit is maintainable in view of previous litigation which was initiated at the instance of defendant No.1 where he lost suit for declaration and recovery of possession of the same property...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiffs have not filed any document on record to establish that property described at the foot of plaint is disputed abadi land - Burden is upon plaintiff to prove said fact, however, he failed to do so -..........
Hindu Succession Act, 1956, Section 15(2) -- Scope - S.15(2) is an exception to S.15(1) of the Act - `Any property', which includes movable and immovable property, inherited by a female Hindu from her parents, and she dying intestate and issueless, shall devolve on the legal heirs of her father - The provision does not take within its ken self-acquired property or property..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - If plea based on S.41 of the Act is to be taken, then same has to be backed by pleadings and not mere adoption of pleadings of some other defendants...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Good faith on part of transferee is required to be ascertained not merely by good intentions, but based upon the evidence that transferee had taken reasonable care to ascertain that transferor indeed had power to transfer the property...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Co-owners - Father of plaintiffs sold the suit plot to appellant - No evidence on record that father of plaintiffs had consent, whether express or implied from several co-owners to act as ostensible owner of suit property - Ingredients of S.41 of the Act not satisfied - Onus which was upon appellant has..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed title of suit property on the basis of land purchased from one `K' - Said `K' derived title from State government by Patta - However, since patta had been revoked and grantee/`K' had no right, title or subsisting right at the time of alienation in favour of..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for restoration of possession, permanent and mandatory injunction - Plaintiff filed the suit seeking restoration of possession based upon title of plaintiffs to suit property - Institution of suit thus, was governed by Art.65 of Limitation Act - Defendants had pleaded permissive possession and not urged any hostility or..........
