Limitation Act, 1963, Article 55 -- Suit for damages - Limitation - Sale deed executed by defendant in favour of plaintiff without having any title to the property - Cause of action to institute suit arose on the date of sale deed - Starting point of limitation of three years as provided under Article 55 of Limitation Act would be the date of sale deed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should have sought for relief of declaration..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
Registration Act, 1908, Section 17, 49 -- U, registered sale deeds - Can be received in evidence to prove possession of property, but it cannot be received for the purpose of proving right or title over suit property...........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for injunction, declaration and possession - When can be filed - Where plaintiff is in possession, but his title to the property is in dispute, or under a cloud, or where defendant asserts title thereto and there is also a threat of dispossession from the defendant, plaintiff will have to sue for declaration of title..........
Succession Act, 1925, Section 284 -- Caveatable interest - A person who denies title of testator cannot be said to have a caveatable interest, as interest claimed as caveatable interest must not be one in derogation of title of testator...........
Adverse possession -- By pleading adverse possession a party admits initial title of opposite party, which however is said to have extinguished...........
Adverse possession -- Plaintiffs admitted title of defendants by specifically pleading adverse possession in their plaint - However, evidence on record is not enough to prove open hostile possession of plaintiffs over suit property for statutory period or extinction of same - Neither intention to hold property with hostile animus nor period of possession is proved by..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration - Relief claimed is of declaration of title - Burden therefore heavily is upon plaintiffs to establish that documents filed by them relate to suit property...........
Evidence Act, 1872, Section 35 -- Revenue entries - Revenue records by themselves cannot be treated as documents of title - However, fact remains that both u/s 35 of the Act and because of fact that they are the result of a `physical exercise' done on the land, they do have a certain evidentiary value...........
