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Showing posts with label ownership. Show all posts
Showing posts with label ownership. Show all posts
Wednesday, 17 July 2024

Whether the State can claim a right in a immovable property in the basis of gift deed if its name is not mutated in revenue record since long?

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  The title of the land in suit had passed on to the State after the donation and transfer of possession and after construction, the hospita...
Friday, 8 March 2024

Whether the title over suit property will be transferred if mother of minor who is owner of suit property has put signature on sale deed in her individual capacity?

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  Once such evidence was adduced in terms of Section 68 of the Evidence Act, 1872, and the mandatory requirements prescribed Under Section 6...
Monday, 19 February 2024

Bombay HC: Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction

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 We accept both these as being sufficient. It is our  understanding that these statements disclaimers or clarifications are  not newly intro...
Monday, 11 September 2023

Whether a person can be treated as owner of a house if he resides in said house?

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 It may also be pertinent to mention here that on perusal of the Award of the arbitrator and the order of the appellate authority, it is evi...
Saturday, 1 July 2023

Whether any person other owner of immovable property can give valid notice U/S 127 of MRTP Act?

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  c] In the case of Ramchandra Shankar Joshi and others v. State of Maharashtra and others reported in MANU/MH/2180/2015 : 2016 (1) Mh LJ 76...

Whether purchase notice U/S 127 of MRTP Act is invalid if documents of ownership are not annexed to said notice?

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Learned Advocate appearing for respondent No. 4 submits that the petitioners are not owners of the subject properties. They have not annexed...
Friday, 26 August 2022

Can the person claiming to be the immovable property's owner take the defence of the title by adverse possession?

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The mere fact that the defendants have come forward with a plea of adverse possession, means that they admit the plaintiff to be the true ow...
Sunday, 20 March 2022

Whether Suit for declaration based on adverse possession having matured into ownership is Maintainable?

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  The High Court on examination of judgment of this Court had opined that the appellant as plaintiff cannot seek a declaration based on adve...
Sunday, 21 November 2021

Whether Presiding Deity or Pujari Is Owner Of Land Attached To Temple?

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       The said judgment is clearly erroneous as the presiding deity of the temple is the owner of the land attached to the temple. The Puja...
Monday, 1 November 2021

Whether a person can claim title over an immovable property based ownership certificate issued by chief officer of Municipality?

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  To prove the title, the petitioner relied on a document titled 'Ownership Certificate' signed by Chief Officer of respondent no. 2...
Thursday, 19 August 2021

Whether purchaser of mortgaged property can claim the right of redemption even after passing the decree of foreclosure?

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    The equity of redemption is a right which is subsidiary to the right of ownership. Such right is not over and above the right of ownersh...
Monday, 20 July 2020

When is the question of title and ownership relevant in the suit for an injunction?

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 In the backdrop of the contentions put forth, though there could be no cavil to the position relating to the relevance of possession bein...
Sunday, 22 December 2019

Whether in eviction proceeding landlord is required to prove absolute ownership?

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Qua the challenge to ownership of the respondent as also to relationship of owner-tenant between the parties, the learned Trial Court has ...
Sunday, 17 November 2019

Whether person in possession of immovable property can be declared as owner of it?

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The decision in Abdul Latif and Ors. V. Nagar Vikas Pranyas, Udaipur (Supra) case is also helpful to the appellants. When the plaintiffs h...
Tuesday, 19 February 2019

Whether suit for declaration that plaintiff has become owner by adverse possession is maintainable?

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Both the substantial questions of law relates to the issue of ownership by adverse possession. In the case of Gurdwara Sahib V/s. Gram Pan...
Saturday, 26 January 2019

Whether tenant can claim that he has become owner of tenanted premises by adverse possession?

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The only issue raised before me qua ownership has been duly answered by the learned Additional Rent Controller on the facts so brought be...
Sunday, 11 November 2018

Whether one brother will become owner of property if his name alone is mentioned in municipal corporation record?

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 As regards the question of limitation, the appellants have contended that the cause of action was triggered in the year 1995, when their p...
Saturday, 10 November 2018

How landlord should prove his title in eviction suit against tenant?

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  It is a settled principle of law laid down by this Court that in an eviction suit filed by the landlord against the tenant under the Ren...
Sunday, 5 August 2018

Whether incidental finding given to issue relating to ownership will be res judicata in subsequent suit?

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 In such situation, as the Appellate Court has committed an error in framing the issue relating to the ownership of the Respondents therei...
Tuesday, 10 July 2018

Whether it is permissible to seek relief of declaration without seeking consequential relief?

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  In view of above, the law becomes crystal clear that it is not permissible to claim the relief of declaration without seeking consequenti...