Transfer of Property Act, 1882, Section 106 -- Notice - Suit for possession - Plea of no, service of summons - Plaintiff validly terminated tenancy by issuing notice u/s 106 of the Act - Service of summons u/s 106 of the Act was proved - Even filing of suit itself amounts to notice and suit cannot be dismissed on the ground of no, service of summons - Suit rightly decreed...........
Ancestral property -- Single transfer of property from father to son does not prove the suit property to be ancestral coparcenary property...........
Civil Procedure Code, 1908, Section 100 -- Second appeal -Suit property bequeathed by Will and not transferred for consideration - Show cause notice - Defendant issued a show cause notice on the ground that `P' had sold and transferred suit property to plaintiff - There is no transfer of suit property for consideration but by a Will deceased bequeathed suit property to her..........
Adverse possession -- Possession delivered in pursuance of agreement to sell - Possession is permissive - Defendant cannot claim that his possession is adverse and he has perfected his title by way of adverse possession. (Limitation Act, 1963, Art.65)...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - It is not every transfer of an immovable property which is hit by S.52 of the Act - It is only such transfer, which may affect the rights of any other party that is prohibited by said provision...........
Specific Relief Act, 1963, Section 34, Land Acquisition Act, 1894 -- Suit for declaration of title - Once title of respondent No.3 was firmly established, appellants were duty bound to rebut these evidences and establish their title and possession - Appellants failed to lead any evidence as to their title - Concurrent findings of Special Tribunal and Special Court..........
Specific Relief Act, 1963, Section 34, Land Acquisition Act, 1894 -- Suit for declaration of title - Procedural irregularity - Plea of no, compliance of procedure having no effect on merits of case and is of no consequence in facts and circumstance of the case - Since appellants failed to implead themselves before Special Court even when fact of pendency of case was known..........
Agreement to sell -- Specific performance - Plaintiff being tenant of property paid the advance consideration and thus no longer liable to pay any future rent to defendant/landlord - Possession of plaintiff therefore, of suit property was effectively as a right of part performance u/s 53-A of T.P.Act - Plaintiff continued in possession under doctrine of part performance,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Transfer of Property Act, 1882, Section 54, Limitation Act, 1963, Article 59 -- Sale deed - Can be ignored only where it is void ab initio - Where it is pleaded that sale deed is a voidable document because it ought not to have been executed or that there is a fraudulent transfer of title by means of particular sale deed or for any reason which makes the transfer voidable,..........
