Rent and Eviction -- Issue of title - Held, issue relating to title is not relevant in eviction matters at all either under Rent Control Act or u/s. 106 of Transfer of Property Act...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Execution - Auction sale - Setting aside - Provision does not insist that a person must hold valid title to maintain an application under it - Any person having an interest in the property can get the sale set aside - `Interest' means as to whether there exists any person, who is also claiming rights over the same property...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 -- Suit for cancellation of sale deed - Jurisdiction of civil Court - Plaintiff/appellant herself accepted in the plaint that her name is not recorded in the revenue records - Held, in absence of averment in the plaint that plaintiff is..........
Representation of the Peoples Act, 1951, Section 100(d)(i), Civil Procedure Code, 1908, Order 7, Rule 11, Conduct of Elections Rules, 1961, Rule 40A -- Election petition - Cause of action - What does term "cause of action" mean and how pleaded in election petition - Held, it is a bundle of essential facts and refers entirely to media upon which plaintiff/petitioner asks to..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Transfer of immovable property - Sale agreement, general power of attorney and Will do not convey any title nor create any interest in an immovable property - Immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance...........
Power of Attorney Act, 1882, Section 1A, 2 -- Power of attorney - Not an instrument of transfer in regard to any right, title or interest in an immovable property - The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by..........
Land Acquisition Act, 1894, Section 4,6 -- Land acquisition - Compensation - Land subject to lease - Acquisition of such land is not only the acquisition of landlord's rights, title and interest but also the lessee's right and interest - Thereafter rights of lessor as well as lessee are extinguished - Compensation payable are entire market value which may be shared by..........
Punjab Control of Bricks Supplies Price and Distribution Control Order, 1988, Rule 5 -- Renewal of license - Refusal of - Original lessor who created lease in favour of petitioners died - L.R. of original lessor raised objections to the alleged lease hold rights of petitioner - Held, there is no reason for State to join issues on title to property and if only there is any..........
Adverse possession -- Claim by Police Department - No Government Department, Public Undertaking, and much less the Police Department should be permitted to perfect the title of the land or building by invoking the provisions of adverse possession and grab the property of its own citizens in any manner - If the protectors of law become the grabbers of the property (land and..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Common issues in two suits - Not permissible - Common trial is permissible in law but common issues in two suits where parties are different and suit properties are different and the tracing of title are different cannot be countenanced in law...........
