Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........
Power of attorney -- Sale of property by power of attorney having no authority to sell the property - By convoluted logic, punctuation marks cannot be made to convey a power of sale - Vendees of such property do not derive any valid title to the property - Vendees of such property having no valid title to the property cannot convey further any valid title to the..........
Agreement to sell -- Specific performance - Defendant having no absolute right and title over the suit property to sell the same - Agreement of sale is unenforceable. (Specific Relief Act, 1963, S.17)..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Plaintiff on the basis of sale deed filed suit for declaration of his title to `A' scheduled property and for declaration that `B' scheduled property is a common property - Case of plaintiff is duly established by said sale deed - Title of defendant over suit property as claimed by..........
Coal Mines (Nationalisation) Act, 1973, Section 3(1), 2(h)(xi), Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction decree - Validity - Orders evicting unauthorized occupants from public premises at mines area - Challenge as to - Acquisition and transfer of title and interest of owners of coal mines and vested in Central Government - Since..........
Family Settlement -- Receiving consideration by one party by stating to have no claim, right, title and interest over the property in question - Such a document is compulsorily registrable with appropriate stamp duty etc...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - In suit for declaration of title, it is incumbent on part of plaintiff to disclose source of title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Claim of title was based on settlement of land - However, in absence of settlement of land in favour of plaintiff followed by evidence of possession, there is no infirmity in concurrent finding of facts recorded by Courts below while dismissing suit of plaintiff - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs claiming title over land on basis of inheritance from recorded tenant - They led evidence in support of their case - Defendants claims title on basis of settlement by Hukumnama - However, pleadings of defendants on these crucial facts has remained unsupported by evidence - In the absence of..........
Easements Act, 1882, Section 13 -- Easement - Right to cart track - Defendants are not disputing the title of plaintiffs, as their vendors (defendants) were parties to earlier partition - As such when there is no reference with regard to alleged cart track in plaintiff's property in those parent documents, defendants herein cannot claim easement right by way of grant -..........
