Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Where plaintiff's claim of title, his possession and enjoyment of suit property is not disputed and defendants are making claim in respect of some other property not having nexus with suit property, plaintiff's suit simplictor for prohibitory injunction is maintainable...........
Registration Act, 1908, Section 17 -- Family settlement - Compulsory registration - When a document is compulsorily registrable, but same is unregistered, then same will be inadmissible in evidence and will not convey any right, title or interest in the suit property in favour of the plaintiff...........
Evidence Act, 1872, Section 116 -- Derivative title of an Assignee/Vendee - Tenant is estopped from challenging title of landlord during continuation of tenancy - However, tenant/lessee is entitled to challenge the derivative title of an Assignee/vendee of original landlord in an eviction brought by assignee/vendee against tenant for his eviction from demised property..........
Evidence Act, 1872, Section 116 -- Derivative title of an Assignee/Vendee - Tenant can challenge the derivative title of an Assignee/vendee if he has not attorned to the Assignee/Vendee - Payment of rent by tenant to the Assignee/Vendee amounts to attornment which deprives tenant/lessee to challenge the derivative title of an Assignee/Vendee...........
Rent and Eviction -- Derivative title - Relationship of landlord and tenant - Once Assignee/Vendee proves his title to the property, original tenancy devolves on the Assignee/Vendee and tenant/lessee by operation of law on the same terms and conditions on which it was entered into with the original landlord/lessor and continues till either modified by the parties or is..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 10 -- Writ petition - Maintainability - When the matter is sub judice in the Civil Court on the title claim of the petitioner, any attempt on her part to question any of the dealings qua the property in question by the State authorities by way of writ petition cannot be countenanced...........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 10 -- Writ petition - Maintainability - Petitioner has sought declaration of her right, title and apportionment of her share as being the daughter of the deceased owner of the property - Therefore, until her rights are determined in the Civil Court, parallel litigation in the name of challenge to..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Disobedience and violation of order of Court - Sale deed executed and entire consideration paid before order of restraint - However, sale deed executed after passing of restraint order - It is the date of registration of document which is crucial inasmuch as transfer is effected and title passes only upon..........
Transfer of Property Act, 1882, Section 54 -- Sale - Expression `only' in S.54 of the Act is significant - Transfer comes into effect and becomes valid and effective only by a registered instrument - Date of registration of document is crucial in as much as transfer is effected and title passes only upon registration...........
Adverse possession -- Absence of plea in written statement - There is no question of defendant having perfected his title by way of adverse possession to the knowledge and hostile to the true owner...........
