Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Entire consideration amount received - Power of attorneys executed in favour of the vendees to deal with the property in any manner whatsoever - Vendor left with no right, title or interest in the properties - Cancellation by defendant - Suit for declaration and permanent injunction praying for staying..........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 can be maintained against true owner on the basis of possession with a condition that the possession of plaintiff was disturbed within a period of six months - Order u/s 6 is not appealable and is not to operate as a bar for another suit on the basis of title - In order to defeat the claim of the plaintiff on the basis of..........
Specific Relief Act, 1963, Section 6 -- Dharamshala Killanwali (Gurudwara) entered in the revenue record as owner - Father of the plaintiff was the Manager (Mohtmin) of the Dharamshala - Death of Mohtmin - Plaintiffs came in possession of the property but dispossessed by defendants - Defendants in their written statement had alleged that property belongs to Gurudwara -..........
Specific Relief Act, 1963, Section 6, Limitation Act, 1963, Article 64 -- Suit for possession on the basis of title and also prior possession - In order to defeat claim of plaintiff on the basis of prior possession - Defendant bound to prove right and title to property - Failure of defendant to prove any right or title to property - Defendant cannot legally interfere with..........
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession based on prior possession within 12 years - Maintainable - Title need not be proved by plaintiff unless defendant can prove one - Suit based on prior possession without proof of title - Maintainable against a person having no title to property...........
Specific Relief Act, 1963, Section 6 -- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person dispossessed of immovable property..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as a party in a suit for permanent injunction to restrain certain private individuals from interfering into possession of plaintiff-Society - Basically a suit against private individuals - From nature of pleas asserted by applicant-Society and reply filed by plaintiff-Society clear that some controversy about..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Cannot be sanctioned in the absence of clear title - Title of party of a highly doubtful nature - No justification for changing of entries in the Jamabandi - Mutation has to follow determination of title and not precede it - Any substantive entry in Jamabandi - Has to be made in accordance with order of..........
Hindu Law -- Family settlement - Disputant who claims himself to be member of family and has not even a remote chance of succession - Cannot be said to be a member of the family - Question of settlement of dispute between such a member of the family and those who have right of succession - Does not arise - Consideration for family settlement - Expectation that such family..........
Transfer of Property Act, 1882, Section 53 -- Lease for 99 years for a paltry sum executed 2 days before sale deed executed - Vendees closely related to lessee - Prospective vendees knew that title under cloud - No attempt at all made to prove endorsement made in registered documents that any lease amount or sale amount was actually paid before Sub Registrar - Section 53..........
