Transfer of Property Act, 1882, Section 54 -- Sale deed - A vendor cannot transfer a better title to the vendee than he himself possesses...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - In a dispute with respect to determination of title, merely pointing out the lacunae in the defendant's title would not suffice - In such a suit, burden of proof rests on the shoulders of plaintiff to reasonably establish the probability of better title...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff led in evidence records of rights in an attempt to establish his title - Such records would not counter the proof of occupancy rights furnished by defendant - Plaintiff failed to produce a single document of title in respect of suit property - Burden of proof..........
Agreement to sell -- Agreement to sell or an agreement of re-conveyance - Specific performance - It is implicit that plaintiff has to accept the title of defendant...........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Agreement to sell -- Not a conveyance and it does not transfer ownership rights or confers any title...........
Agreement to sell -- Lease/sale/conveyance or transfer rights prohibited or barred under the Fragmentation Act - As agreement to sell is not a conveyance, it does not transfer ownership rights or confers any title - Therefore, agreement to sell cannot be said to be barred under Fragmentation Act...........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Caste or religion of a litigant -- Should never be mentioned in the cause title of judgment...........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction simpliciter without seeking relief of declaration - When in a suit for perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plaintiff need not claim a declaration of title, as there was no cloud on title of..........
