Adverse possession -- A co-sharer cannot acquire title by adverse possession unless and until ouster of such co-sharer is duly proved. (Limitation Act, 1963, Art.65)...........
Transfer of Property Act, 1882, Section 119 -- Exchange - If any party to an exchange is by reason of any defect in title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him for the return of the thing transferred...........
Jamabandi -- Entries are only for fiscal purpose and they create no title...........
Agreement to sell -- Suit for specific performance - In a suit for specific performance by the vendee, the vendor cannot put forward the defence that he had no title, but if the suit is by the vendor, the purchaser can plead that the vendor had no title or had defective title as a defence. (Specific Relief Act, 1963, S.20)...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Failure to enter the names of L.R's of defendant as per order of the Court in the cause title - Does not result in abatement of suit...........
Succession Act, 1925, Section 276, 278 -- Letters of administration - Title to properties dealt with in Will - Cannot be decided...........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for possession and injunction - Burden of proof is on the plaintiff to establish his title and possession over the property in dispute as well as the cause of action for filing of the suit...........
Specific Relief Act, 1963, Section 38 -- Injunction - Permissive possession does not confer title or right merely on the ground of possession - Injunction permanent or temporary cannot be granted against the true owner...........
Civil Procedure Code, 1908, Order 35, Rule 5 -- Tenant filed interpleader suit against the landlord - Landlord as well as Church are setting up an independent title of ownership - No suit on behalf of tenant is maintainable...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Previous suit for injunction dismissed on technical ground - Subsequent suit for declaration of title and recovery of possession - Not barred by res judicata - Suit is not even barred U.O.2.R.2 since cause of action in both suits was distinct...........
