Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... reference to a suit, appeal, revision or execution proceeding, which is either recorded in court or otherwise reduced to writing and signed by the tenant.this is put in chapter iv with the heading 'regulation and eviction' and the section starts with title which is printed in bold 'bar of suit for eviction of tenant except on specified grounds' and again in the wording of the section itself it provides : 'no suit shall be instituted for eviction' this clearly indicates that the ..... eviction of tenants :--(1) a tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of this section or sections 12 and 13:provided that where the tenant, denies the title of the landlord or claims right of permanent tenancy, the controller shall decide whether the denial or claim is bona fide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a ..... this section or the provisions of sections 12 and 13: commencement of sections 14 to 16 this section this act or provided that where otherwise and provided that (extracted from the tenant, denies whether before or nothing contained kishan @ krishan the title of the after the in the said kumar v ..... . section 20 started with the title 'bar of suits for eviction of tenant except on specified grounds' .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT372
..... srinivas reddy, the learned counsel representing the appellant distinguished the said decision on the ground that in the present case there was never a demand for return of the title deeds whereas in the said decision, certain admissions were made and in the light of the facts and circumstances the said decision had been rendered and hence on facts ..... approached the plaintiff for a loan, the plaintiff requested the 1st defendant to produce his solvency and thereupon the 1st defendant produced the title deeds during the last week of october, 1970 and thus the 1st defendant delivered the title deeds to the plaintiff for the purpose of ascertaining the solvency of the 1st defendant.at that time, the plaintiff asked the 1st defendant ..... in individual capacity and also further had taken a stand that the plaintiff just requested the 1st defendant to produce the solvency and thus the title deeds were produced and never there was any intention to create mortgage by deposit of title deeds and further stand had been taken that even otherwise the 1st defendant would be entitled to only 1/6th share in the plaint schedule property ..... rao : [1964]6scr727 the apex court at para 19 observed as hereunder:the foregoing discussion may be summarized thus: tinder the transfer of property act a mortgage by deposit of title deeds is one of the forms of mortgages where-under there is a transfer of interest in specific immovable property for the purpose of securing payment of money advanced or to be advanced .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP390; 2004(3)ALD645; 2004(4)ALT136
..... it is seen that after change in law in 1963 the burden has shifted to the defendant to prove that he perfected the title by adverse possession and there is no obligation on the plaintiff to prove that they are in possession within the statutory period ..... that his property is occupied by another who is claiming dominion over it, nevertheless stands-by during the entire statutory period and makes no effort to eject the claimant or otherwise protect his title, ought not to be permitted, for reasons of public policy, to maintain an action thereafter for the recovery of his property land. ..... schedule to the limitation act, 1963 prescribes that for possession of immovable property or any interest therein based on title, the limitation of 12 years begins to run from the date of the defendant's interest becomes adverse to the ..... to make a claim on the basis of adverse possession, such possession shall be hostile, under a claim or colour of title, actual, open, notorious, exclusive and continued for the required period of time thereby giving an indefeasible right of possession or ownership to the possessor by the ..... possession on behalf of another does not by mere denial of that other's title make his possession adverse so as to give himself the benefit of the statute ..... arumlugam, : air1999sc1549 , wherein the apex court held as follows:'once title is established on the basis of the relevant documents and other evidence, unless the defendant proves the adverse possession of the prescriptive period .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD292; 2004(1)ALT34
..... article 65 of the limitation act, 1963, reads as hereunder:description of suits period of time from which the limitation period begins to runfor possession of immovable twelve when the possessionproperty or any interest years of the defendanttherein based on title becomes adverse to plaintiffexplanation :--for the purposes of this article-- (a) where the suit is by a remainderman, a reversioner (other than a landlord) or adivasee, the possession of the defendant shall be deemed to become adverse only when the estate of the ..... 502/90, dated 23-11-1992, which is not in dispute, the principal rent controller had dismissed the case on the ground that there is a dispute relating to title which should be resolved by the competent civil court. ..... the mere fad that the declaration of title is also sought for therein does not bring it within article 58 or 113 so as to attract three years period of limitation. ..... on the strength of the respective pleadings of the parties, the following issues were settled by the court of first instance:(1) whether the plaintiff is entitled for the relief of declaration of title of the suit premises as prayed for ? ..... the plaintiff filed the present suit for declaration of title, with mala fide intention. ..... when a suit is based on title and the relief of declaration and recovery of possession apart from other reliefs had been prayed for, the period of limitation is 12 years and not 3 years since article 65 of the limitation act, 1963 is applicable and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALT470
..... 18/89 on the file of subordinate judge, adoni and the learned subordinate judge also had arrived at the conclusion that unless the plaintiff proves his title and possession over the entire plaint schedule property no injunction can be granted to the plaintiff and the appellate court also had agreed with the finding of the trial court that defendants 6 to 9 are the ..... however, ultimately the appellate court also had taken the view that since the plaintiff failed to establish his title and possession over the entire extent of the plaint schedule land, he is not entitled to any relief and ultimately dismissed the appeal without costs. ..... .3-38 cents only, no doubt in the specified boundaries as pleaded in the written statement and the specific boundaries are mentioned hereunder:east: anjinayya's landwest: ahmed sab's land (father ofdefendants 6 to 9)north: manikya reddy's land(successors in title ofs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD429; 2003(3)ALT292
..... fraudulent and manipulated entries in the revenue records with the connivance of the custodians of the records do not create any right, title or interest in favour of any individuals whose names are so entered in a fraudulent manner in the revenue records.86. ..... mere entries in some of the revenue records by themselves do not confer any right, title or interest in the lands in favour of those persons whose names are entered in some of the revenue ..... wrong and manipulated entries in the revenue records by themselves do not create any title in favour of such persons whose names are so entered in the revenue ..... according to section 2 (12), 'shikmidar' means the person who like pattadar possesses a title to the land or who from the beginning has been jointly in possession of the land with the pattadar or who, before the commencement of this act has acquired by virtue of any regulation in force, or may acquire by ..... in revenue records including the khasra pahani for the year 1954-55 clinchingly establish the right, title and interest held by raheemunnisa begum, wife of abdul salam. ..... submitted that raheemunnisa begum, wife of abdul salam was the true and absolute owner and pattedar of the lands in question, from whom the predecessor in title purchased under the registered sale deed dated 5-1-1965. ..... applicant-society is one of the bogus societies and it fabricated documents to show that the applicants have acquired title to the land through a fictitious person by name raheemunnisa begum.19. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD213
..... to the issues whether the said ameerunnisa begum was holding the said property in their own right as private owners and whether munshi shaik imam saheb, husband of ameerunnisa begum, has acquired title to the property by adverse possession and enjoyment for over the statutory period it was held that the first defendant herself got into the possession of the property as heir of her husband and ..... in view of the concurrent findings recorded by both the authorities below and more so when the appeal filed by purchasers has been allowed holding that the plaintiff has failed to establish its title and that the plaintiff never exercised its right to manage the schedule property as wakf property from 1920 till the date of filing of the suit in 1994 and as the schedule property ceased to ..... said building is established and the landlords filed r.c.cs against the residents/tenants of the shop rooms of the schedule property on the grounds of wilful default in payment of rents, sub-let, denial of title of the landlords and that the schedule premises is bona fidely required for the personal occupation of the respective landlords for commencing their respective business.48. ..... several decades and in the year 1985 the defendants obtained void registered sale deeds from the hereditary trustees and the lessees of the said property conveying fake title to the defendants having intended to press for into service by getting the proceedings of 18 eviction petitions filed against the tenants under rcc nos. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD654; 2003(6)ALT1
..... alienation) act, 1972 held that section 4 of the said act prohibited transfer of interest in a vacant land and in that context, it was held that an agreement for sale does not create any title in the immoveable property as by reason of an agreement of sale no interest in an immoveable property is created and in such a case question of transfer of any interest would not arise.59. ..... only right which the society got was a right to seek specific performance of agreements to sell and not any right, title or interest in the land.assuming a suit was also filed and decree of specific performance was obtained, such a decree for specific performance of contract will not have the effect of conveying right, title and interest in favour of the society till a deed of sale is duly executed and registered. ..... cannot be termed as contract of sale but only agreements by which vendors had agreed to transfer and convey their title in favour of the society on fulfilment of certain conditions; therefore, the same cannot be termed as a complete ..... transfers, not evidenced by any registered document, would not confer any right, title or interest on the transferee even as per section 54 of the transfer of property act read with ..... of act 1 of 1989 also clearly stipulated the purpose of introducing section 5-a of the act, namely, to regularise certain unregistered alienations or other transfers of land so as to enable the persons having acquired, right, title or interest in the land to obtain loans on such land. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD532; 2002(5)ALT370
..... in the matter addressed a letter dated 25-3-1985 to defendants 3 and 4 enclosing the revised plans agreeing to the deletion of the said extent of the land in respect of which the third defendant asserted its title from the lay out plan as suggested by defendants 3 and 4, however, without prejudice to its right and accordingly prayed for issuing a certificate as per the plan. ..... keshav ram (9 supra), the supreme court noticed that the courts below decreed the plaintiff's suit for declaration of title relying upon the only piece of evidence being an order of assistant settlement officer directing the correction of the record of ..... the trial court decreed the said suit filed by the respondent-plaintiff society for the relief of declaration of its title in respect of the green marked portion of the suit land comprising of ac.6-30 guntas covered by survey nos.60/1 and 61 of kakaguda village and also for recovery of vacant possession of the same from defendants 1 to 3 and 7 after ..... the supreme court in the said decision noticed that the respondents who were asserting their title have not produced any document of title pertaining to the said land or showing the nature of the rights over the said land ..... the learned trial judge accordingly decreed the suit of the plaintiff as prayed for, both for declaration of title and recovery of possession and also for perpetual injunction restraining the defendants from interfering with that portion of the suit schedule land, which continued to remain in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]127STC429(AP)
..... was reversed by the high court holding as under :'(i) that although the lorry receipts relating to transport from delhi and other places to coimbatore would come under the definition of the term 'document of title to goods' in section 2(4) of the sale of goods act, 1930, they were not transferred to the purchasers for effecting sales in their favour as contemplated by section 6(2) of the central act. ..... also noticed that subsequently darshak enterprises also sold the said air-coolers in dispute during the transit of the goods before taking delivery from the transporters at secunderabad by transferring the documents of title, like lorry receipts (lrs), in favour of the petitioner/dealer-sruthi agencies, which also happened to be an inter-state sale, which was effected as a transit sale. ..... state of andhra pradesh [1998] 110 stc 394 (ap); (1998) 26 apstj 215 a division bench of this court considered the issue of sale by transfer of documents of title under the provisions of the cst act and it was held that when once the bill of entry if filed and import duty is assessed then only the goods can be said to have crossed ..... have purchased the air-coolers in dispute in the course of inter-state transaction from sanskrut comfort systems limited, ahmedabad and that the sale was effected in favour of darshak enterprises by transfer of documents of title during the course of movement of goods from ahmedabad, gujarat state to andhra pradesh and before they were taken delivery in andhra pradesh. .....
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