Agreement to sell -- Specific performance - Subsequent purchasers - Having knowledge of execution of sale agreements - No steps were taken by subsequent purchasers to inquire about whereabouts of original title deed - Conduct of defendants themselves indicates that subsequent purchasers are not bona fide as sale deed came to be executed and registered with unusual haste -..........
Will -- Proof - Testator had no title to property on the date of execution of Will - Property under Will was already transferred in the name of setlee - Mere revocation of settlement by settler at the instance of beneficiaries at a later time would not divest the right and title of setlee under previous settlement deed - Will held, not valid...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 411, 465, 467, 468 -- Quashing of FIR - Cheating - Property dispute - Sale deed in question executed by accused in favour of complainant`s wife and she further executed same in favour of third party - Title was clear - No case of misrepresentation - Contention of complainant that some..........
Registration Act, 1908, Section 17 -- Cancellation of release deed relinquish right, title and interest over the property - Registration - Cancellation thereof - A registered deed cannot be cancelled even if some irregularity is committed during its registration - Aggrieved party can challenge registration and validity of document before Civil Court...........
Mohammedan law -- Oral gift - Burden of proof is on the person who accepted the gift from donor and donor divested himself from right, title and interest of property included in the gift and said act must be proved by witnesses - Delivery of possession to the person accepting the gift must also be proved by witnesses...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Suit property allotted to father of plaintiff and said fact is admitted by defendant - Plaintiff is in possession of suit property till his dispossession - Defendant on the other hand failed to prove that suit property was transferred in his favour through oral gift - Separate patta was issued in..........
Specific Relief Act, 1963, Section 37 -- Injunction suit - In a suit for injunction, Court need not to examine the question of title nor findings recorded in a suit for injunction qua title constitutes res judicata in subsequent proceedings qua ownership...........
Adverse possession -- Plea of title under oral partition and adverse possession - Not permissible as both the pleas are inconsistent and contrary...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - To restrain defendants from interfering in peaceful possession - Plaintiff claiming title and possession over suit land on the basis of Will - Will not seen the light of day for about ten years - Will not disclosed even during earlier litigation pertaining to same land nor produced before revenue authorities for..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Not maintainable as executing court cannot decide title in regard to the parties in the proceedings for eviction of a tenant...........
