Specific Relief Act, 1963, Section 6 -- Possession - Police complaints - Police complaints are self serving documents in the absence of any other evidence aiding such document - Only on the basis of said complaints with the police, possession of plaintiff over suit property cannot be inferred...........
Will -- Letters of administration - Effect - Grant of letter of administration does not confer and/or extinguish any right, title and/or interest in the property - Parties will be at liberty to establish their individual and independent right before competent Court - In present case, appellants claim that testatrix did not have title over property as she had transferred..........
Adverse possession -- Mortgagee claiming to be absolute owner of property - His status as mortgagee comes to end and his possession becomes adverse to original owner - Even, if such sale is voidable (and not void), it will not alter legal position and adverse title of original mortgagee continues and if period of 12 years expires, he/she becomes owner of property by..........
Adverse possession -- Co-heir has no right to claim his title against other co-heir on the basis of long possession over disputed property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Suit property was self acquired property of father of plaintiffs - Father of plaintiffs granted license in favour of defendant - Defendants remained ex parte before Trial Court and did not led any evidence - They have not controverted plea of license stated by plaintiffs and witnesses -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction petition against daughter-in-law - Maintainability - Application u/s 22 of the Act seeking eviction exclusively against daughter-in-law, whose husband is alive, is not maintainable, as she is not a legal heir of senior citizen - Application dismissed...........
Partition suit -- Foundation of claim of plaintiff is the partition deed through which ancestral properties fell to share of her father - Plaintiffs thus, not permitted to contend that they are not bound by said partition deed - Father of plaintiff settled his share of properties allotted to him in said partition deed in favour of his grandson/defendant No.2 - No evidence..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Property dispute between parties - Heated altercation took place between accused and his father regarding share of property - When deceased intervened, he sustained fatal injury - Only single injury on chest of deceased was there - Neither injury assaulted to deceased was repeated nor any other..........
Agreement to sell -- Specific performance - Readiness and willingness - There is clear demand by plaintiff for specific performance of agreement for sale and suit was preceded by a notice of such demand - Plaintiff in plaint categorically stated that she is ready and willing to perform her part of obligation under agreement for sale and ready to pay balance consideration..........
Agreement to sell -- Specific performance - Relief of possession - Plaintiff not being in possession of suit property can claim relief of possession at any stage of proceeding and even at execution stage. (Specific Relief Act, 1963, S.28(3)..........
