Court Fees Act, 1870, Section 7 -- Eviction petition - Tenant disputing title of landlord in written statement and an issue framed - For purpose of court fee suit could only be valued as the eviction suit and not what is stated in written statement...........
Succession Act, 1925, Section 222 -- Probate court is not to embark on the question relating to disputed questions of title and possession...........
Specific Relief Act, 1963, Section 5, Civil Procedure Code, 1908, Order 21, Rule 35 -- Suit for possession of property - Defendants purchased property inspite of being aware of plaintiff's claim over the property - Defendants never made a endeavour to verify whether the vendor has title to the property - Old building demolished and new constructions made during pendency of..........
Succession Act, 1925, Section 276 -- Function of a probate court is to see that the Will has been actually executed by the testator in sound disposing mind without coercion or undue influence and that it has been duly attested - It is not competent for such court to determine whether the testator had or had not the power to dispose of the property which he purports to..........
Civil procedure Code, 1908, Section 65, Order 21, Rule 92, 95, Limitation Act, 1963, Article 134 -- Auction Sale - Becomes absolute upon its confirmation under rule 92 - Title vests in auction purchaser from date of sale after its confirmation - For purpose of limitation for filing application for delivery of possession of property sold, date of confirmation is not the..........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Proviso - Unstamped and unregistered document conveying title to immovable property - Cannot be received in evidence - However, on payment of stamp duty and penalty the same may be admitted in evidence for collateral purpose of proving only payment of sale consideration and not possession and enjoyment of..........
Adverse possession -- Mere admission made by defendant cannot be considered to be proof positive of factum of adverse possession by plaintiff-Defendant's title to and ownership of property and plaintiff's possession thereof being hostile to such true owner be established. (Evidence Act, 1872, Act 65)..........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 17, 49 -- Document whether agreement to sell or sale deed - Recitals of document to be taken into consideration and not title of the document - Contents of document showing that it is a sale deed and not agreement to sell - Held, document is inadmissible in evidence for want of required stamp duty and..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for injunction - Title in issue for purpose of granting injunction - Issue directly and substantially arises in that suit between the parties - Decree in injunction suit would operate as res judicata when the same issue is put in issue in a later suit based on title...........
Will -- Husband to become the absolute owner after the death of testatrix and after his death, nephews were to become owners on basis of Will - Husband alive at death of testatrix but dying shortly thereafter - Bequest in favour of nephews is void in law in view of illustration (i) to S.124 of the Succession Act - Nephews not entitled to claim title on the basis of such..........
