Eviction petition -- Relationship of landlord and tenant admitted - It is not open for the tenant to deny the title of the landlord...........
Transfer of Property Act, 1882, Section 60 -- Suit for possession - Whether in such suit decree for redemption of mortgage can be granted ? - Plaintiff has sought possession on the basis of title and in the alternative by redemption of mortgage - Since suit land is proved to be mortgaged - Therefore, decree for redemption can be granted upon deposit of mortgage amount...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by holding that it is a mixed..........
Family settlement -- `Family' has to be understood in a wider sense, so as to include within its fold, not only close relations, or legal heirs, but even those persons, who may have some sort of antecedent title, a semblance, or a claim or even if they have spes succession so that future disputes are sealed for ever...........
Family settlement -- Essentials - (i) The family settlement must be a bona fide one so as to resolve disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family; (ii) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence; (iii) The family arrangement may be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 15(2)(f) -- Shamlat Deh - Auction - Previous approval of State Govt. not obtained - Sale is invalid - Purchaser cannot claim title of land even if he deposited some amount towards auction and had taken possession...........
Court Fees Act, 1870, Section 7(v), Civil Procedure Code, 1908, Order 7, Rule 7 -- Landlord purchasing property in possession of tenant - Eviction petition - Failure to prove relationship of landlord and tenant - In absence of proof of relationship of landlord and tenant landlord is not entitled to a decree for possession - However, landlord is entitled to seek possession..........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 27 -- Failure to prove relationship of landlord and tenant - In the event landlord proves his title he can get a decree of possession on the basis of title - Defendant can raise a contention that he had acquired an indefeasible title by adverse possession...........
Revenue entries -- Entries in revenue record are not entries of title as such they do not confer any right in favour of the appellant...........
Evidence Act, 1872, Section 62, 68, Transfer of Property Act, 1882, Section 54 -- Primary evidence - Notarised copy of sale deed produced - Original brought in Court - Plaintiff not cross examined as to non production of original sale deed - Contention that attested copy by Notary Public does not prove title repelled...........
