Bombay Revenue Jurisdiction Act, Section 11, Civil Procedure Code, 1908, Section 9 -- S.11 does not prohibit any private parties inter se to avail remedy of a suit provided under the Code of Civil Procedure, 1908 - S.9 CPC does not prohibit jurisdiction of Civil Court to entertain suit based on title...........
Civil Procedure Code, 1908, Order 21, Rule 58(2) -- Attachment - Question of title - All question are to be decided by the Executing Court - There is an implicit bar of an independent suit against attachment...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Third party objections raising question of title and interest in the property attached - Not to be rejected summarily - Seriously disputed questions of fact specially where they relate to Court records, purchase of stamp papers or a plea of fraud should and ought to be normally determined after giving an..........
Civil Procedure Code, 1908, Order 21, Rule 58(1) -- Attachment of property -Objections - When question of title and interest is involved - The proceedings are somewhat similar to that of the suit - Cannot be permitted to be limited...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections -Agreement to sell in favour of objector executed prior to order of attachment -Suit for specific performance also pending in which an order of injunction passed restraining transfer of property - Objections to attachment filed without delay -Trial Court dismissed objections without affording a chance..........
Registration Act, 1908, Section 17 -- Consent decree - Registration - Consent decree between family members as family settlement qua their immovable property not creating any right or title in the property for the first time - Does not require compulsory registration...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Jurisdiction - Preliminary issue - Question of jurisdiction depending on question of title - Question of title involved in the case - Issue of jurisdiction cannot be treated as preliminary issue...........
Limitation Act, 1963, Article 67, Transfer of Property Act, 1882, Section 116 -- Permissive possession after expiry of lease period - Does not give cause for prescribing title by adverse possession -. Defendant for the first time set up a hostile title in 1957 and the suit having been filed within five years therefrom is not barred by limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Title of one `I' denied - Amendment of written statement sought pleading gift by `I'-When earlier title of `I' is denied the plea of gift by him cannot be allowed to be set up by way of amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Title of one `I' denied - Amendment of written statement sought pleading gift by T - When earlier title of T is denied the plea of gift by him cannot be allowed to be set up by way of amendment of written statement...........
