Consent decree -- Not based on any pre-existing title - In absence of registration it does not affect the title to an immovable property...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11 -- Execution - Decree of eviction, arrears of rent and damages - Objection as to title of D.H. - Looked in by execution Court though not called for and decided in favour of appellant - High Court found fault with it and ordered for fresh execution - Not legal - High Court's view held to be suffering from..........
Motor Vehicle -- Sale - There can be transfer of title by payment of consideration and delivery of vehicle - However, seller continues to remain liable to third parties when his name continues in the records of RTO as owner...........
Letters Patent (Bombay) -Cl 12 - 'Suit for land' is a suit in which the relief claimed relates to title to or delivery of possession of land or immovable property - Whether a suit is a 'suit for land' or not is to be determined from the averments in the plaint with reference to the reliefs claimed thereunder...........
Letters Patent (Bombay) -- Cl.12 - 'Suit for land' is a suit in which the relief claimed relates to title to or delivery of possession of land or immovable property - Whether a suit is a 'suit for land' or not is to be determined from the averments in the plaint with reference to the reliefs claimed thereunder...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, Section 3 -- Land vested in the Gram Panchayat - By Himachal Act all rights, title and interests in the land in any estate vested in Panchayat under S.4 of he Punjab Act vested in the State free from all encumbrances - Residents of village..........
Banking service -- Deficiency in service - Loan taken by the father of the minor appellants by depositing the title deeds of house of paternal grand father of minors as security - After the death of the father of the appellant paternal grand father returned the whole loan amount and got back the documents - Appellant through their maternal grand father filing complaint..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - In a suit concerning immovable property, where questions of title and possession are involved, it may happen that a decision may affect another person who has a direct interest in the property - To avoid multiplicity of suits it is proper to implead such person as additional defendant - He must have..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Title under Will and plea of adverse possession - Both are alternative pleas and permissible...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Oral gift - Daughter claiming to be in occupation of her father's property by way of oral gift - Claim not maintainable in absence of registered gift deed - Mere possession is not sufficient, where deceased had gifted suit property under registered gift deed to his wife, who in turn, had..........
