Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff proved his title over suit property on the basis of registered gift deed - Defendant did not disputed the gift deed in favour of plaintiff - However, defendant alleges an oral sale deed before said gift deed in favour of plaintiff - Said oral sale deed not proved..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 114 -- Suit for ownership of land - Registered sale deed - Presumption of existence - Defendants claimed that original owner executed sale deed in their favour but they did not step in witness box to prove same - More so, alleged sale deed was never produced to show that the same was signed by original..........
Partition -- Second appeal - Suit decreed by revenue court and declared plaintiff as exclusive owner of disputed agricultural property - Sale deed executed by defendant thereafter would automatically become ineffective as no one can pass better title than he himself possesses...........
Stamp Act, 1899, Section 2(10), Article 23A -- Suit for specific performance - Agreement to sell - Cannot be termed as conveyance as defined u/s 2(10) of the Act - That being so, agreement to sell in question not creating any right, title and interest over suit property, except cause of action asking for execution of sale deed, Art.23-A of Sch.1A of the Act, not attracted...........
Karnataka Value Added Tax Act, 2004, Section 7 -- Eviction - Effect of - Re-grant of land - Validity of sale deed - Rights of alienee of Inam land - Upon re-grant the title of a holder of Service-inam land would relate back to the date of coming into force of the Act - Alienation effected by principles of `feeding the grant by estoppel' would enure to the benefit of the..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge to the same in suit as such..........
Indian Penal Code, 1860, Section 419, 420, 467, 468 -- Cheating and forgery - Civil dispute between parties - Sale of property jointly owned - If any person is aggrieved by false assertions made in the sale deed, it is the vendee and not complainant - Ingredients to constitute the offence are lacking - Civil suit is already pending between party - Question of title over..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes the ownership of defendants over the suit land - Since..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non sanctioning of mutation - Mutation does not confer any title - Title is conferred by sale deed - If sale deed is proved then non sanctioning of mutation becomes irrelevant...........
