Family settlement -- Scope - (i) compromise or family arrangement is based on assumption that there is an antecedent title of some sort in the contesting parties; (ii) the agreement acknowledges and defines what that title is; (iii) each party relinquishes certain claims to the property other than the one falling to his share; (iv) there is a recognition of the right of..........
Adverse possession -- Co-sharer - Ouster - Meaning - Means dispossession of one co-owner by another where a hostile title is set up by the latter and where the occupation of the latter is not without ownership. (Limitation Act, 1963, Art.65)..........
Adverse possession -- Co-owner - Mere non participation in the rent and profits of the land of a co-sharer does not amount to an ouster so as to give title by adverse possession to the other co-sharer in possession. (Limitation Act, 1963, Art.65)..........
Mortgage -- Redeemable on expiry of 8 years - Further stipulation that if mortgage money is not repaid on expiry of the said period the mortgage deed will be treated as ` absolute sale deed' - Held, this stipulation is void - Mortgagee cannot claim absolute title on basis of such mortgage and his right in the property remained to be only that of a mortgagee. (Transfer of..........
Compromise decree -- Registration - If the compromise decree creates for the first time right, title or interest in immovable property of the value of Rs.100/- or upwards in favour of any party to the suit, the decree of order requires registration...........
Compromise decree -- Registration - If the compromise decree creates for the first time right, title or interest in immovable property of the value of Rs.100/- or upwards in favour of any party to the suit, the decree or order requires registration...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Interpretation of a document - It is not interpretation of every document that involves question of law - It is only interpretation of document of title or document forming the basis of suit that may involve and give raise to question of law but of no other documents - Construction of documentary evidence produced..........
Easement Act, 1882, Section 15 -- Right of way by prescription - User of land, as an easement is to be as of right, without interruption and for twenty years - Villagers using the land for all purposes while coming to houses of plaintiffs or that of the defendants - Held, defendant cannot acquire title of easement by prescription...........
Specific Relief Act, 1963, Section 38 -- In a suit for injunction, it is not necessary to claim a declaratory decree provided the plaintiff in the plaint alleges and assert his right or title which he claims in respect of the property and establishes that right in the course of trial - Plaintiff has also to assert that defendant is committing breach or there is..........
Limitation Act, 1963, Article 58 -- Suit for declaration of title to property - Sale deed in favour of defendant executed in 1963 - Payment for reconveyance agreed to be paid within 3 years - Right of plaintiff denied in 1975 - Suit filed in 1981 - Suit is time barred...........
