Limitation Act, 1963, Article 110 -- Limitation - Joint family property - Defendants claiming to be exclusive owner - As per oral and documentary evidence on record, defendants have failed to establish that plaintiffs have been excluded from joint possession of suit land and merely because plaintiffs are residing in their matrimonial house it cannot be held that they were..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Protecting possession of a caretaker or a servant - A person holding the premises gratuitously or in the capacity as a caretaker or a servant does not acquire any right or interest in the property and even long possession in that capacity is of no legal consequences - Held, trial Court was justified in..........
Stamp Act, 1899, Section 47A -- Lease deed - Recovery of maintenance charges - Cannot be initiated u/s 47-A of the Act, as Art.35(c)(ii) Sch.1-B of U.P. Stamp Act does not mention any charge relating to maintenance of property in question - Impugned order of recovery of maintenance charges, held, beyond purview of S.47-A of the Act and are without jurisdiction, therefore,..........
Registration Act, 1908, Section 17 -- Cancellation of release deed relinquish right, title and interest over the property - Registration - Cancellation thereof - A registered deed cannot be cancelled even if some irregularity is committed during its registration - Aggrieved party can challenge registration and validity of document before Civil Court...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Alienation during pendency of suit - Would always be subject to decision of suit in view of doctrine of lis pendens...........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition filed in the Court within whose..........
Adverse possession -- Right over property set up through Will - Defendant is estopped from claiming adverse possession...........
Mohammedan law -- Oral gift - Burden of proof is on the person who accepted the gift from donor and donor divested himself from right, title and interest of property included in the gift and said act must be proved by witnesses - Delivery of possession to the person accepting the gift must also be proved by witnesses...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Suit property allotted to father of plaintiff and said fact is admitted by defendant - Plaintiff is in possession of suit property till his dispossession - Defendant on the other hand failed to prove that suit property was transferred in his favour through oral gift - Separate patta was issued in..........
