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Suit for Possession—Claim based on title—Layout plans cannot be evidence of title of property
By phlaw| 2019-01-27T13:02:42+00:00 January 27th, 2019|Specific Relief Act|Comments Off on Suit for Possession—Claim based on title—Layout plans cannot be evidence of title of property
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Suit for declaration—Once a suit for mandatory injunction and in alternative possession has been filed claiming that the plaintiff is owner of the property on the basis of five registered sale deeds, the relief of declaration was implicit
January 28th, 2019 | Comments Off on Suit for declaration—Once a suit for mandatory injunction and in alternative possession has been filed claiming that the plaintiff is owner of the property on the basis of five registered sale deeds, the relief of declaration was implicitStamp—There is no bar to affixation of old stamps on a pronote/receipt
January 25th, 2019 | Comments Off on Stamp—There is no bar to affixation of old stamps on a pronote/receiptSpecific Relief Act, 1963, S.34–Suit for Recovery-Friendly Loan-Dishonour of Cheque—Suit for recovery against legal heirs of borrower, who issued cheque for repayment of friendly loan but died before presentation of cheque—Held; there is nothing on record to show that the amount in question was advanced as a loan—There was no writing effected, no pronote or receipt prepared- Plaintiff admitted that not even an entry in any note took was made by him
December 14th, 2018 | Comments Off on Specific Relief Act, 1963, S.34–Suit for Recovery-Friendly Loan-Dishonour of Cheque—Suit for recovery against legal heirs of borrower, who issued cheque for repayment of friendly loan but died before presentation of cheque—Held; there is nothing on record to show that the amount in question was advanced as a loan—There was no writing effected, no pronote or receipt prepared- Plaintiff admitted that not even an entry in any note took was made by himSpecific Relief Act, 1963, S.20~Agreement to Sell-Specific Performance-If the owner is having imperfect title and enters into the contract, on getting clear title, he is bound to execute and honour the agreement—Transfer of Property Act, 1881, S.43.
November 29th, 2018 | Comments Off on Specific Relief Act, 1963, S.20~Agreement to Sell-Specific Performance-If the owner is having imperfect title and enters into the contract, on getting clear title, he is bound to execute and honour the agreement—Transfer of Property Act, 1881, S.43.Specific Relief Act, 1963, S.34–Suit for Declaration-Co-ownership-Once it is established that the property has been partitioned by the owners and converted into plots, the concept of co-ownership in a joint khata cannot be invoked to hold that the parties are joint owners
November 29th, 2018 | Comments Off on Specific Relief Act, 1963, S.34–Suit for Declaration-Co-ownership-Once it is established that the property has been partitioned by the owners and converted into plots, the concept of co-ownership in a joint khata cannot be invoked to hold that the parties are joint ownersSpecific Relief Act, 1963, S.37–Injunction–Co-sharer–Once a co-sharer was in exclusive possession of a certain parcel of land vested in a joint holding without there being a partition then other co-sharer could not have been granted injunction against the co-sharer is possession as both the co-sharer are in separate possession of suit land
November 25th, 2018 | Comments Off on Specific Relief Act, 1963, S.37–Injunction–Co-sharer–Once a co-sharer was in exclusive possession of a certain parcel of land vested in a joint holding without there being a partition then other co-sharer could not have been granted injunction against the co-sharer is possession as both the co-sharer are in separate possession of suit landSpecific Relief Act, 1963, S.34–Suit for Partition-Co- sharer–Any construction made by a co-owner exclusively would not confer right in the entire property—A co-owner would remain a co-owner and, the Courts rightly passed a preliminary decree for partition.
November 23rd, 2018 | Comments Off on Specific Relief Act, 1963, S.34–Suit for Partition-Co- sharer–Any construction made by a co-owner exclusively would not confer right in the entire property—A co-owner would remain a co-owner and, the Courts rightly passed a preliminary decree for partition.