East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bona fide requirement - Petition dismissed - Owner transferring shop to his relative - Transferee landlady seeking eviction on the ground of bona fide requirement of her husband - Petition allowed - Appellate authority reversed the decision observing that arrangement/transfer between the original..........
Registration Act, 1908, Section 47 -- Sale deed - Registration - Title passes retrospectively with effect from the date of execution and not from the date of registration...........
Agreement to sell -- Sale deed executed - Held, agreement does not survive when once the contract is concluded on execution of registered sale resulting in alienation, conveyance, assignment and transfer of title...........
Adverse possession -- Possession whether permissive - Agreement to sell - Vendee put into possession - It is an acknowledgement of title of vendor which excludes the theory of adverse possession - Possession of transferee under an agreement of sale is only permissive and deemed to be on behalf of owner himself until the date of registration of sale deed...........
Specific Relief Act, 1963, Section 34 -- Declaratory suit - Two sale deeds - Sale deed prior in time prevails - At the time of execution of second sale deed vendor had already divested herself of title to the suit properties - Person purchasing property through subsequent sale deed gets no title - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Women's Right to Property Act, 1937, Section 3, 14 - - Partition - Suit land was owned and possessed by father of plaintiff who died leaving behind four widows including defendant - Defendant in view of provision of 1937 Act entitled to claim partition of 1/4 share - Having got decree of 1/4th share, she acquired title..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sale deed sought to be filed by way of additional evidence - No dispute with regard to ownership and title of plaintiffs over the plots described in the plaint - Order rejecting application by holding that additional evidence would be of no help in pronouncing the judgment - Order..........
Agreement to sell -- Ready and willing - Trust property - Plaintiff seeking clarifications regarding joining of all trustees in execution of sale deed, asking the second respondent to enter into another agreement by way of indemnifying the plaintiff for any loss due to defect in the title - Demand not only unjustified and unreasonable but it was in fact imaginary...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Required for unmarried daughter to start a Coaching Academy - Plea of tenant that sale deed is a sham or fictitious transaction - Wholly irrelevant - Tenant has no locus standi to question the title or right of his landlord...........
Evidence Act, 1872, Section 91 -- Sale of minor's property through guardian - Recital in sale deed that property belongs to minor and sale deed is executed through natural guardian - Held, it is not permissible for defendant who derive title to challenge that the property belongs to the natural guardian or that sale deed in the name of minor was Benami...........
