Succession Act, 1925, Section 263 -- Probate - Judgment rendered in a probate proceeding is a judgment in rem - However, it is not determinative of the question of title - If probate is obtained by fraud or suppression of material fact it is subject matter of revocation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Vacant site - Possession - In a case of vacant site the principle is that possession follows title - If two persons claim to be in possession of a vacant site, then one who is able to establish title thereto will be considered to be in possession as against the person who is not..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Issue of title - Issue of title when involves complicated or complex questions of fact and law or where Court feels that parties had not proceeded on the basis that title was at issue, the Court should not decide the issue of title in a suit for injunction - Proper course is to relegate the plaintiff to the remedy..........
Specific Relief Act, 1963, Section 38 -- Injunction - Contingencies in which a suit for permanent injunction and/or declaration is maintainable analysed viz. (1) When plaintiff is in lawful or peaceful possession of property and such possession is interfered or threatened then suit for injunction simpliciter is maintainable but a person in wrongful possession is not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - A finding as to title given in an earlier injunction suit can operate as res judicata in a subsequent suit for declaration of title when in a suit for injunction title is in issue for the purpose of granting injunction - Issue of title arises directly and substantially between the parties when the same issue arises..........
Criminal Procedure Code, 1973, Section 82, 85 -- Rights of third party - If property of accused is attached and sold it vests with the State - It cannot be a subject matter of execution of a decree - Third party has no right, title or interest in the same - Decree obtained by third party cannot be executed against that property...........
Evidence Act, 1872, Section 35, 110 -- Revenue record - Not a proof of title - Revenue record is not a document of title - It merely raises a presumption in regard to possession - Presumption of possession and/or continuity thereof both forward and backward can also be raised u/s 110 of Evidence Act...........
Adverse possession -- Proof - Two elements of adverse possession are : (1) the possession of the defendant should become adverse to the plaintiff; and (2) the defendant must continue to remain in possession for a period of 12 years thereafter - Animus possidendi is a requisite ingredient of adverse possession - Not only animus possidendi must be shown to exist, but the..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Question of limitation - Suit for title and possession - Limitation does not commence unless there had been a clear and unequivocal threat to the right claimed by plaintiff which can only be decided when an issue is framed and parties lead evidence - Application U.O.7.R.11(d) is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance of agreement to sell - Third party if shows some semblance of title or interest in the property in dispute can be impleaded as party to the suit...........
