Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of step son - Property of step mother - Relations between petitioners and step mother were strained and there is no likelihood of all of them residing together peacefully in a disputed premises - Petitioners directed to vacate the premises and handover possession to step mother - Step..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Material concealment of fact - Plaintiff set up an untrue case by giving an impression that she was the sole owner of the entire plot whereas plaintiff has only a share in the property in dispute and is not owner in possession over the entire plot - No error in the finding of Courts below..........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Land in question was given to plaintiff by way of maintenance by her husband - Possession of said land was also given to plaintiff - Plaintiff thus, by virtue of S.14(1) of the Act had become full owner thereof...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs had proved in evidence jamabandi in which they are recorded as owners in possession of suit property - Defendant unable to prove any title to suit property or any valuable right being there - Concurrent findings on record that plaintiffs are owners of suit property and..........
Indian Penal Code, 1860, Section 411 -- Title - in an offence u/s 411 IPC is not required to be proved as it is crime against possession...........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Stolen gold ornaments were recovered from possession of four accused which were later identified by PW4 and PW5 - Accused not claimed that said ornaments belonged to them - They have not disclosed in any manner whatsoever as to how stolen gold ornaments belonging to complainant party came to their possession -..........
Agreement to sell -- Un-registered - Agreement in question did not prescribe any period of limitation - Total consideration amount of sale received from plaintiff by defendants - Possession also given to plaintiff - Mere fact that documents i.e agreement to sell and power of attorney being unregistered are not admissible as evidence, has been rendered meaningless...........
Agreement to sell -- Specific performance - Defendant received entire sale consideration - Responsibility to get sale deed registered was on defendants - Plaintiff has proved that she had made a request to defendants to get sale deed registered and executed in her favour - She also proved her possession over suit property as purchaser - Suit rightly decreed in favour of..........
Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
Evidence Act, 1872, Section 115 -- Principle of acquiescence or estoppel - Suit for recovery of possession - Concurrent findings on record that defendant was encroacher and objection was raised by plaintiff against construction - Plaintiff should not have shut out by rule of acquiescence or estoppel for having made a representation to make defendant to believe that she had..........
