Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Issues relating to title of immovable property fall exclusively within jurisdiction of civil Courts and not revenue authorities...........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell and power of Attorney - Unregistered documents required to be registered are inadmissible in evidence for the purpose of conveying title or completing a sale transaction and can only be admitted for collateral purposes or in a suit for specific performance...........
Partition suit -- In every partition suit there is implicit declaration of title of party, albeit, to the extent of share of parties...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit property and parties are same in both the suits - Matter in issue in subsequent title suit is same in earlier title suit and decision in earlier suit would operate as res judicata so far as declaration of title of suit property - Subsequent suit stayed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Title suit - If plaintiffs failed to seek amendment in their plaint during pendency of title suit, they could not be allowed to seek amendment in their plaint at belated appellate stage - Moreover, when there was no prayer for confirmation of possession, plea of dispossession during..........
Adverse possession -- For maintaining suit for adverse possession, plaintiff must admit title of original owner...........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 3, 4 -- Land grabbing - Applicant proved her possession by virtue of title deed and also took out a Commission which identified property in possession of appellant - Special Court also spoke of suits filed by appellant, one of which, seeking injunction against applicant was rejected and other seeking injunction..........
Agreement to sell -- An agreement to sell would not convey title - Possession if delivered would make agreement liable to be registered...........
Partition suit -- Co-sharers - Execution of sale deeds in joint name of both plaintiff and defendant itself has been admitted by defendant - However, defendant has taken two contradictory pleas i.e. one that he is in exclusive owner in possession of suit property and the other, that he has become owner of suit property on basis of adverse possession - Plea of adverse..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories may not be allowed in following cases : (i) A party is not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively evidence of his adversary's case or title; (ii) A party is not entitled to interrogate as to any confidential communications between..........
