Limitation Act, 1963, Article 65 -- Adverse possession - Plea of adverse possession negated in the earlier suit - In subsequent suit for possession on the basis of title, the defedant cannot be permitted to raise plea of adverse possession - Courts below erred in holding that the suit for possession had to be filed within 12 years in view of the assertion of defedant in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of - Conditions required for applicability of the principle of res judicata are : (i) the matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit, (ii) the former..........
Wakf Act, 1995, Section 5, 36, 37, 92, Uttar Pradesh Muslim Wakfs Act, 1960, Section 29, 49A, 57A -- Wakf - Alienation of wakf properties - Obligation of wakf character of properties - Wakf of properties created - Son appointed mutwalli - Wakf registered u/s 29 of Act, 1960 - Gazette notification issued u/s 5(1) of the Act 1960 - Wakf and its properties duly registered in..........
Civil Procedure Code, 1908, Section 11 -- Specific issue framed regarding title in the earlier suit for permanent injunction - Question of title decided - Subsequent suit for possession by way of partition - Decreed relying on judgment of earlier suit - Finding on title in earlier suit rightly relied by Court below...........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 1, Evidence Act, 1872, Section 108 -- Plaintiff missing subsequent to the institution of suit - Wife seeking permission to prosecute suit - Suit for declaration of title and injunction in respect of joint family property - If applicant is not allowed to come on record and suit is..........
Evidence Act, 1872, Section 116 -- Estoppel - Applicability of procedural law of estoppel or acquiescence - Court would be concerned with conduct of a party for determination as to whether he can be permitted to take a different view in a subsequent proceeding, unless there exists a statutory interdict - Provision of S.116 Evidence Act is clear whereby in certain situation..........
Civil Procedure Code, 1908, Section 11, 96 -- Resjudicata - Right to file appeal - Suit for title on account of succession - Dismissed - Finding regarding tenancy of co-defendant - Not to operate as resjudicata in subsequent suit for redemption of mortgage as (i) Dispute regarding tenancy not substantially matter in issue in earlier suit, and (ii) Plaintiff has no right to..........
Transfer of Property Act, 1882, Section 54, 51, 52 -- Bonafide purchaser - Decree on basis of oral family settlement - Mutation not got sanctioned on that basis - Subsequent sale of property - Purchasers purchased property on verifying revenue record which did not reflect any right or title in favour of appellants - Held, purchasers are bonafide purchasers...........
Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Suit land in possession of proposed vendee as lessee - Vendor sold land to other person - Suit for specific performance by 1st vendee - Plea of bonafide purchaser for consideration - Agreement and consideration duly proved by plaintiff - Lease registered & incorporated in revenue records - Subsequent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Title deed not of much use in such matters - Pahanies two years prior to the suit filed - Contention that Panchayat Secretary not competent to issue the same - Their evidentiary value can be ignored only if defendant comes forward with any better or more reliable documents - Defendant..........
