Limitation Act, 1963, Section 27 -- Extinguishment of property to property - Plaintiffs were asked to vacate the suit property in 1984 by defendants on the strength of gift deed - But plaintiffs refused to heed the demand and continue to occupy the property - Since period of 12 years has elapsed from the specific refusal of plaintiffs to vacate the building from 1994..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Execution and registration of gift deed proved on record - First Appellate Court wrongly put onus on donee to prove intention of donor, as intention of donor to gift property is proved from reading of registered gift deed - Since donor acknowledged that donee serving him coupled with the fact that donor remained..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Gift deed is void if executed by misrepresentation as to the very character of document...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Validity of gift deed in earlier suit for injunction though left open by trial Court to be decided in separate suit but appellate Court proceeded to consider the validity and genuineness of gift deed by upholding the same - Appellate Court did not make any reservation as was made by Trial Court - Finding regarding..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - As per petitioner, permission granted for change of land use by State Government for setting up industry - However, it is specifically stated in memo granting change of land use permission, that permission does not provide any immunity from any other Act/Rules/Regulations applicable to land in question -..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Where donor himself denied execution of Gift deed, it is incumbent upon donee to prove execution and acceptance of gift by examining at least one of attesting witnesses of gift deed, as contemplated u/s 68 of Evidence Act...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of gift deed - Limitation is three years which begins to run when fact entitling plaintiff to have the instrument or decree cancelled or set aside or contract rescinded first became known to him - In the instant case factum of entitlement to cancel the gift deed came into the knowledge of plaintiff on..........
Mohammedan law -- Oral gift - Burden of proof is on the person who accepted the gift from donor and donor divested himself from right, title and interest of property included in the gift and said act must be proved by witnesses - Delivery of possession to the person accepting the gift must also be proved by witnesses...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Suit property allotted to father of plaintiff and said fact is admitted by defendant - Plaintiff is in possession of suit property till his dispossession - Defendant on the other hand failed to prove that suit property was transferred in his favour through oral gift - Separate patta was issued in..........
