Civil Procedure Code, 1908, Order 21, Rule 65, 92, 94 -- Sale certificate - Public auction - Property sold in public auction in persuance of an order of the Court - Bid excepted - Sale is confermed by the court in favour of the purchaser - Sale become absolute - Title vests in the purchaser - A sale certificate is issued to the purchaser only when the sale becomes absolute..........
Title -- Conduct - Conduct may be a relevant fact, so as to apply the procedural law like estoppel, waiver or acquiescence, but thereby no title can be conferred...........
Title -- Time creates title...........
Mutation -- Does not confer title - However, presumption in regard to the nature of possession can be drawn...........
Record of rights -- Not a document of title - Entries made therein though are admissible as a relevant piece of evidence and may also carry a presumption of correctness, but such a presumption is rebuttable...........
Transfer of Property Act, 1882, Section 105, 107 -- Lease - Existence of lease deed must be proved - Lease must also answer the legal requirements of Ss.105 & 107 of the Act - Relationship of lessor and lessee and the terms and conditions of a lease depends upon the contract between the parties - In a case involving the State and particularly when the nature of the land is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Misreading and misinterpreting a document of title read with other documents and the plan for the identification of the suit lands whereupon the plaintiffs themselves relied upon, gives rise to a substantial question of law...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Husband provided money to wife to purchase property - Wife after purchase of property exercised her own right and title over property - Held, it is not a benami transaction - Husband purchased property for benefit of his wife...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Guide to determine the nature of he transaction : (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any,..........
Adverse possession -- It is possession hostile to the true owner - If the person is not sure as to who is the true owner then question of his being in hostile possession and question of denying title of true owner does not arise...........
