Transfer of Property Act, 1882, Section 111(g) -- Sub-tenancy - Eviction suit - Plaintiffs were found to be absolute owners with valid title under registered sale deed - Tenants denied title of plaintiff-landlord and thus forfeited right of tenancy - Plaintiff, held, entitled to possession of suit premises - Suit rightly decreed...........
Transfer of Property Act, 1882, Section 10, 11 -- Sale - Restriction of 10 years for further sale - When property is purchased by a person, he becomes absolute owner and all rights and title vest in him - Condition imposed in sale deed has no effect on the rights of purchaser for further sale...........
Agreement to sell -- Title to property does not pass under an agreement to sell and it continues to be with vendor till registered sale deed is executed in favour of purchasers...........
Transfer of Property Act, 1882, Section 54 -- Sale or loan transaction - Execution of sale deed - Non delivery of possession - Does not by itself, or cumulatively with the other factors pointed out by defendant, lead to the conclusion that transaction between parties was not a sale of the suit property, but was a mere loan transaction - So also the fact that the plaintiffs..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92 -- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92..........
Agreement to sell -- Specific performance - Lis pendens - Breach on the part of defendant and not of plaintiff - Sale deed executed and registered during pendency of suit hit by principle of lis pendens - An agreement purchaser has no title to property and is at best a nominee of seller - It is inconceivable that a seller can defeat sale by merely entering into agreement..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting was not a right in property..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Subsequent purchaser - Locus to challenge acquisition proceedings - Held, a person who purchases land subsequent to issuance of S.4 notification is not competent to challenge validity of acquisition proceedings on any ground whatsoever for reason that sale deed executed in his favour does not confer upon him..........
Court Fees Act, 1870, Section 7(ivA) -- Suit for declaration of cancellation of sale deed - Valuation of court fee - Held, for cancellation of an instrument in which plaintiff or his predecessor is in title was not party, plaintiff is required to pay court fee on one-fifth of market value of subject matter...........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Punjab Land Record Manual, Chapter 7.16 - Registered sale deed - Validity - Jurisdiction of revenue officer - Held, mutation is a mere fiscal entry recorded by revenue officer to update revenue record and, therefore, neither confers nor divests a party of title - A revenue officer has no jurisdiction to opine as to..........
