Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Title suit dismissal in default - Status quo order passed on application filed in the suit - Does not remain operative on dismissal of suit. (Para 8) Civil Procedure Code, 1908, O.47.R.1(1)(c) - Error apparent - Meaning of - An error apparent on the face of the record, cannot be defined precisely and it has to be decided..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier title suit - Permanent injunction also sought - Relief of specific performance also available at that time - Subsequent suit for specific performance of oral contract of sale - Subsequent suit, not maintainable...........
Criminal Procedure Code, 1973, Section 145, 146 -- Effect of the order of Magistrate passed u/s 145/146 Cr.P.C. - (i) `Competent Court' - Do not necessarily mean a civil court only - A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the..........
Possession -- Delivered in pursuance of an agreement to sell - Rescission of contract - Person who took possession is bound to return the possession to the person from whom he took possession even on the ground that that person lost his title to the property and title to the property now vest in third party...........
Adverse possession -- Co-owners - Property purchased jointly by two brothers - Mutation entry in name of both - One brother continued to cultivate it as co-owner - No evidence showing either partition of suit property or sale of share by one to the other - Ouster not proved - Co-owner not entitled to claim title by adverse possession...........
Agreement to sell -- Does not create any title nor it decides any rights in favour of a person entering into agreement to sell...........
Evidence Act, 1872, Section 3 -- Proof of title - Entries in Municipal record - An entry in municipal record is not evidence of title - The entry shows the person who is held liable to pay the rates and taxes to the municipality...........
Evidence Act, 1872, Section 3 -- Suit based on title - Plaintiff has to succeed or fail on the title he establishes and if he cannot succeed on the strength of his title his suit must fail notwithstanding that the defendant in possession has no title to the property...........
Adverse possession -- Co-owners - Long and continuous possession by itself would not constitute adverse possession - Possession of one co-sharer amounts to possession on behalf of other co-sharers unless there has been clear ouster by denying the title of other co-sharers - Mutation in the revenue record in the name of one co-sharer does not amount to ouster unless there..........
Limitation Act, 1963, Article 65 -- Suit governed by Art.65 - In order to succeed plaintiff has to prove his title - It is not necessary for him to prove that he was in possession within 12 years preceding the filing of suit - On the contrary, it is for the defendant so to prove if he wants to defeat the plaintiff's claim to establish title by adverse possession...........
