Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
Adverse possession -- Plaintiff did not aver and establish the date since when he was in possession over suit property hostile to the title of landlord - Suit rightly dismissed...........
Transfer deed -- Conveyer having no title over the property - Specific declaration that document is invalid is not necessary...........
Transfer deed -- Conveyer having no right, title or interest over the property - Grantee on her successors-in-interest will not have legal right to enforce the right the latter may have derived from such an instrument...........
Hindu Widow, Section 2 -- Widow remarriage - On remarriage of widow after death of her husband, her title or interest over suit property stood lapsed in terms of S.2 of the Act...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Burden is always on plaintiff to prove his title to seek a decree of declaration - Plaintiff has to establish not only his title, but also title of his vendors, particularly when it is in respect of item of immovable property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Defendants admitted the ownership of plaintiff upon suit property - Plaintiff has not laid any claim over land which is owned and possessed by defendants - Suit rightly decreed in favour of plaintiff - Second appeal dismissed...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Person who is found in possession of suit property within six months prior to the date of institution of suit is entitled to get relief u/s 6 of the Act - For recovery of possession, plaintiff need not establish his title...........
Specific Relief Act, 1963, Section 34 -- Title suit - Plaintiff claiming on the basis of sale deed whereas defendant claiming on basis of Will - Will duly proved to be genuine - Owner of property under Will was neither a party to sale deed nor his mother affixed her signature therein in the capacity of being his guardian - Title did not pass under the sale deed - Sale deed..........
