Agreement to sell -- Suit for specific performance - Execution of agreement to sell and ownership denied - Onus is on plaintiff to prove ownership of defendant - No evidence led to prove ownership - Held, even if agreement to sell is proved to be executed even then no decree for specific performance can be granted in absence of proof of title of defendant as a vendor of..........
Specific Relief Act, 1963, Section 34 -- Declaratory decree - A decree for declaration cannot be passed where the plaintiff is able to seek further relief than a mere declaration of title and he omits to do so...........
Specific Relief Act, 1963, Section 34 -- Declaratory decree - Cannot be passed where plaintiff is able to seek further relief than a mere declaration of title - Declaration sought that decree obtained by defendant is nullity - Sale deeds executed on that basis will automatically become nullity if the decree is set aside - There is no need to challenge such consequential..........
Mutation -- Entry in revenue records - Entry in revenue records does not create right on a person whose name appears in the record of rights - Entries in the revenue records of Jamabandi have only fiscal purpose i.e. payment of land revenue and no ownership is conferred on the basis of such entries - So far as title to property is concerned it can only be decided by a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Purchase of property during continuance of prohibitory orders - Confers no right, title or interest in the transferee...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Maintainability - Suit for declaration of title - Counter claim filed after filing of written statement asserting their own title over suit premises - Counter claim not only against co-defendant but also against plaintiff and relief claimed against plaintiff and co-defendant - Held, such counter claim is..........
Evidence Act, 1872, Section 68 -- Sale deed - Execution - Proof - Requirement of examining at least one attesting witness to prove execution - Not necessary where document, not being will, is registered, execution of which by person by whom it purports to have been executed has not been denied - Held, merely because person who had executed sale deed had denied vendee's..........
Adverse possession -- Plea set up in defence - It is for party setting up plea of adverse possession to state and prove date from which his possession became adverse to person having title - In absence of details plea cannot be entertained. (Limitation Act, 1963, Art.65)...........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34 -- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor..........
Civil Procedure Code, 1908 -- Nature of suit - Determination of - It is not the title of the suit which determines the nature of the suit - The nature of the suit is required to be determine by the reading all the avernments in the suit...........
