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Showing posts with label title. Show all posts
Showing posts with label title. Show all posts
Monday, 20 January 2025

Supreme Court: Agreement For Sale Doesn't Transfer Title Or Create Interest In Property :

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It is well settled that an agreement for sale in respect of an immovable property does not transfer title in favour of the purchaser under t...
Wednesday, 25 December 2024

Punjab And Haryana HC: Sale deed executed by person having no title over it, such sale deed do not confer any title on purchaser and can be ignored even in collateral proceeding

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   Firstly, the proprietors are not party to the decree dated 6.3.1986 or the subsequent sale deeds. The said sale deeds are without any tit...

Madras HC: Revenue records will not confer any title unless supported by valid documents

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  It is needless to reiterate again that, revenue records are not documents for title, it will not confer any title, unless supported by val...
Saturday, 10 June 2023

Whether Will(Before Death Of Testator) Or General Power Of Attorney(GPA) Can Confer Title In Immovable Property?

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  It goes without saying that the power of attorney executed by the Defendant-Appellant is of no consequence as on the strength of said powe...

Whether the court can protect the possession of a person who is claiming title to an immovable property based on an agreement of sale?

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No doubt, agreement to sell is not a document of title or a deed of transfer of property by sale and as such, may not confer absolute title ...
Sunday, 15 January 2023

Can the plaintiff get possession of the suit property if the defendants fail to prove their title over the suit property?

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In the above factual background, for the Plaintiff to succeed, she has to establish that she has a legal title to the Schedule 'A' p...
Sunday, 21 November 2021

Whether suit simpliciter for injunction without claiming declaration is maintainable if title of plaintiff is in dispute?

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  The issue is no more res integra. The position has been crystalised by this Court in the case of Anathula Sudhakar v. P. Buchi Reddy (dead...
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...
Friday, 10 September 2021

Whether Suit Simpliciter For Injunction Without Claiming Declaration Of Title is Maintainable If Plaintiff's Title Is Disputed?

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  It will also be relevant to refer to the following observations of this Court in the case of Jharkhand State Housing Board v. Didar Singh ...
Friday, 28 August 2020

Whether the court can refuse to grant a decree for possession to the plaintiff after declaring his title?

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 A decree of possession does not automatically follow a decree of declaration of title and ownership over property. It is well settl...
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...
Tuesday, 7 July 2020

Whether the plaintiff should prove his title to the immovable property if the defendant raises the plea of adverse possession?

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The learned counsel appearing for the appellant relied upon a judgment of this Court in the case of Pappannan and others v. Kolandasamy r...
Friday, 22 May 2020

Whether finding on the question of a title given by Small Cause Court would be res judicata in a suit based on the title?

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While dealing with the provisions of Section 23 of the Act, 1887, this Court in Budhu Mal v. Mahabir Prasad and Ors. AIR 1998 SC 1772, hel...
Tuesday, 24 December 2019

Whether suit for mandatory injunction for removal of illegal structure should be dismissed if plaintiff has failed to prove his title?

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The first and the foremost fact that is required to be considered is that, the learned trial Court on the basis of evidence before it, had...
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 ...
Wednesday, 4 December 2019

Whether plaintiff seeking protection of his possession should prove his title?

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  The ratio of the judgment does not indicate that in every case, where the plaintiff claims to be in settled previous possession of prope...
Wednesday, 20 November 2019

Supreme Court: Tenant can not seek enquiry of title of landlord

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Whether the share given by Shri Dwarka Prasad to the appellant who is his son is justified or as to whether the nature of the document...
Sunday, 17 November 2019

Whether landlord can recover of tenanted premises on basis of title even if he has failed to prove landlord tenant relationship?

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The trial court decreed the plaintiffs' suit and a decree for recovery of possession was passed on the basis of a perfect title found ...
Sunday, 28 July 2019

Whether Outer limitation for suit for possession based on title is lost if relief of declaration is also sought?

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 It was next contended by the learned counsel that the suit was not filed within limitation. This objection is totally untenable. Admitte...
Sunday, 17 March 2019

Whether wakf tribunal can decide issue of title even if non muslim parties are involved?

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Thus, the view of the High Court that right, title and interest of a non-Muslim to the Wakf in a property cannot be put in jeopardy is con...