Transfer of Property Act, 1882, Section 54 -- Vendee has to prove that vendor had a valid title with regard to the area purchased by them...........
Transfer of Property Act, 1882, Section 41 -- Vendor must have a valid title for a valid transfer of title to the vendee - A vendor cannot transfer any title/right better than the title/right he has...........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Applicability of the provisions - S.14(1) applies only if property is acquired by female Hindu in lieu of maintenance or by virtue of any pre-existing right or at partition and such acquisition is not covered by S.14(2) which is a proviso to S.14(1)- Held, on fact that as right was conferred for the first time under a..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for removal of construction and restrain from interfering with possession - Title and possession of plaintiff lawful - Plaintiff is entitled to have the possession retained without any interference - Appellant directed to remove offending structure put up on the property - Order Of High Court upheld...........
Specific Relief Act, 1963, Section 38, 39 -- Suit for removal of construction and restrain from interfering with possession - Title and possession of plaintiff lawful - Plaintiff is entitled to have the possession retained without any interference - Appellant directed to remove offending structure put up on the property - Order of High Court upheld...........
Adverse possession -- The doctrine of adverse possession arises only when the party has set up his own adverse title disclaiming the title of the plaintiff and established that he remained exclusively in possession to the knowledge of the appellant's title hostile to their title and that the appellant had acquiesced to the same...........
Partition Act, 1893, Section 4, Transfer of Property Act, 1882, Section 44 -- The provisions are enacted for the domestic peace of members of undivided family occupying a common dwelling house from the encroachment of a stranger transferee - The provision of S.4 Partition Act is available at all the relevant stages of the litigation between the contesting co-owners till..........
Punjab Village Common Lands (Regulation) Act, Section 13, 11 -- Suit in Civil Court for declaration and permanent injunction claiming to be Khewatdars and owners in possession of disputed land shown as Jumla Mushtarka Malkan restraining Gram Panchayat from interfering in peaceful possession-Gram Panchayat contested it averring that disputed land is Shamilat Deh, was..........
Mutation -- Held, mutation entries do not create any title or interest therein - These entries are only one of the modes of proof of the enjoyment of the property - Mutation entries are only to enable the State to collect revenues from the persons in possession and enjoyment of the property and that the right, title and interest to the property should be established de..........
Civil Procedure Code, 1908, Section 9 -- The provision does not prohibit jurisdiction of Civil Court to entertain suit based on title...........
