Judgment Search Results Home > Cases Phrase: title Court: delhi Page 4 of about 85,461 results (0.035 seconds)

Mec India Pvt. Ltd. Vs. Lt. Col. Inder Maira and ors.

Court : Delhi

Reported in : 80(1999)DLT679

..... the doctrine oftenant estoppel, which continues to operate even after the termination of the tenancy, debars a tenant who had been let into possession by a landlord, from disputing the latter's title or pleading adverse possession, without first openly and actually surrendering possession of the tenanted premises and restoring them to the landlord.42. ..... said that he does not hold it adversely to the landlord only till he has unequivocally renounced his status as a tenant and asserted hostile title, but even that appears to be doubtful, for in law his possession remains permissive till it has been actually restored to the landlord.41. ..... such an event the plaintiff can, within limitation commencing from the assertion of the hostile title, always bring a title suit for possession, and the dismissal of a former suit would not operate as a ..... rent, the tenant at sufferance and by his mere continuance in possession is deemed to acknowledge both the landlord's title and his (tenant's) liability to pay mesne profits for the use and occupation of the property.44. ..... here the apex court said :'tenant at sufferance is one who comes into possession of land by lawful title, butwho holds it by wrong after the termination of the term or expiry of the lease by efflux ..... thus, a tenant at sufferance is one who wrongfully continues in possession after the extinction of a lawful title and that a tenancy at sufferance is merely a legal fiction or device to avoid continuance in possession from operating as .....

East End Apartments Cooperative Group Housing Society Vs. Delhi Develo ...

Court : Delhi

Reported in : 157(2009)DLT272

..... far back as in 1982 for which an award was passed on 30th september, 1982 the suit has been decreed ex parte and in execution, the plaintiff association has been put in possession on which it has no right, title or interest in view of the fact that land has already been vested in the state government and has been entrusted to the dda. ..... is the basis on which ashok nagar welfare association and maha kaleshwar welfare claim title and possession over different parts of land acquired by the dda in the village mentioned ..... in case, the associations have no document of title in their possession, what is the basis on which the members of the associations claim title to any portion for the lands acquired by the dda in the village ..... clearly seen that when it made the claim, the association had neither any title nor valid possession over the land. ..... is also sought by the petitioner society to direct dda to hold an enquiry as to why its officers have not protected its title and possession over the land khasra no. ..... according to him the issue of title is not relevant in a suit under section 6 of the specif relief act and the trial court on examination of the evidence on record has rightly come to the conclusion that members of the plaintiff association ..... by the east end apartment co-operative group housing society in public interest against the dda and ashok nagar welfare association seeking a declaration that ashok nagar welfare association has no right, title or interest in land bearing khasra no. .....

Mrs. Bhawna Seth Vs. Dlf Universal Limited and anr.

Court : Delhi

Reported in : AIR2007Delhi189; 138(2007)DLT639; 2007(94)DRJ710

..... is such that in substance it involves a controversy about land or immovable property and the court is called upon to decide conflicting claims to such property and a decree or order is prayed for which will bring about a change in the title to it, that suit can be said to be in respect of land or immovable property; but where incidentally in a suit, the main purpose of which or the primary object of which is quite different, some relief has to be given ..... is a suit for land or not has to be determined on the averments in the plaint with reference to the reliefs claimed therein; where the relief relates to adjudication of title to land or immovable property or delivery of possession of the land or immovable property, it will be a suit for land. ..... contract for sale and for execution of sale, in that event there can be no good ground for holding that such a suit is for determination of title to the land or that the decree in it would operate on the land. ..... a vendee may be happy to gain title to immovable property at pains of vendor having lost title and since possession was pursuant to title, labelled as unauthorised occupant, if after execution of sale deed and possession being required to be delivered, refuses to do so; the vendor is liable to pay damages/mesne ..... of the contract of sale and for execution of a conveyance, in that event there can be no good ground for holding that such a suit is a suit for determination of title to land or that the decree in it would operate on the land. .....

The Commissioner of Income Tax, Delhi-ix. Vs. M/S Monoflex India P. Lt ...

Court : Delhi

..... (2) where immovable property is sold in execution of a certificate, and such sale has become absolute, the purchaser's right, title and interest shall be deemed to have vested in him from the time when the property is sold, and not from the time when the sale becomes absolute ..... where property is sold in execution of a certificate, there shall vest in the purchaser merely the right, title and interest of the defaulter at the time of the sale, even though the property itself be specified. ..... on execution of the sale certificate by the tax recovery officer the right, title and interest in the property is deemed to vest in the purchaser from the time when the property ..... without the payment of the unearned increase the leasehold right, title and interest of the sub-lessee will not vest in the purchaser ..... above, under the iind schedule, rule 6 a certificate is to be issued in favour of the purchaser by the tax recovery officer and on the said certificate being issued the right, title and interest of the defaulter assessee vests with the purchaser. ..... whether the defaulter assessee has any right, title and interest in the property or the right, title and interest in the property vests with a ..... if there is a pre-condition of payment of unearned increase, the right, title and interest of the defaulter assessee cannot vest with the purchaser unless said amount ..... if there are any fetters or pre-conditions on the right, title and interest of the defaulter in an immoveable property, they have to be .....

Vishal Builders P. Ltd Vs. D.D.A. and Others

Court : Delhi

..... obtaining sanction/permission from delhi development authority, appellant constructed a building on the plot and put it to use, but refuses to pay the yearly lease rent on the ground that the appellant has acquired absolute title to the suit property due to prescription and for which right, the appellant urges that since dda did not have the right to auction the plot, the alleged transfer of the perpetual lease-hold ..... this possession has continued openly, as of right and uninterruptedly for over 70 years and the respondent corporation has acquired the limited title it and its predecessor in title had been prescribing for during all this period, that is to say, the right to hold the land in perpetuity free from rent but only for the purposes of a market in terms of the government resolution of 1865. ..... bearing no.95 district centre, nehru place, was auctioned by delhi development authority (dda) for conveying a perpetual leasehold title and appellant being declared the highest bidder at the bid held on november 28, 1972 was given possession of the plot on march 05, 1973 after he paid the premium in sum of `16,06,000/- and undertook to pay a percentage of the ..... the immunity from the liability to pay rent is just as much an integral part or an inseverable incident of the title so acquired as is the obligation to hold the land for the purposes of a market and for no other purpose. .....

Kakoo Shah Uttam Chand and ors. Vs. Kamla Wati and ors.

Court : Delhi

Reported in : AIR1969Delhi120

..... the actual delivery of title-deeds was made to the creditor on 7-8-1952 when also a part of the loan was paid both to the debtor and to his nominee, who was ..... of one per cent and at the time of advancing the loan, it was expressly agreed that the title-deeds of the property in question would be obtained by the plaintiffs from the previous mortgagee and the transaction would partake of the nature of a mortgage by deposit of title-deeds.after payment to the previous mortgagee, the title-deeds were delivered by him to roshan lal in the presence of deep chand who had also accompanied ..... be appropriately assumed in the present case that deep chand must have authorised the plaintiffs to take delivery of the title-deeds from the prior mortgagee on payment of the debt due to him, and if that be so, then quite clearly no serious legal infirmity can attach to the validity of his mortgage by deposit of title-deeds merely on the ground that a part of the bulk of the loan was initially advanced on 6-8-1952 and ..... present case, it is merely a covering letter emanating only from deep chand, one of the co-debtors, forwarding the title-deed with the expressed intention that they were to remain in deposit by way of equitable mortgage in respect of the loan .....

Sardar Singh Vs. Smt. Krishna Devi and Another

Court : Delhi

Reported in : AIR1991Delhi178; ILR1991Delhi495

..... court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property: provided that the state government may, by order published in the official gazette, exempt from the operation of ..... 1877) or this act came or comes into force, namely: (a) xxx xxx xxx xxx ) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property; (c) to (d) xxx xxx xxx xxx xxx xxx (e) non-testamentary instruments transferring or assigning any decree or order of a ..... be that as it may, we permitted both the parties to address arguments on the question whether the award or the decree created any right, title or interest over the property in favor of the appellant, as we are of the opinion that this question can be raised in appeal as it ..... we have to see is whether the award in question purports or operates to create or declare, assign, limit or extinguish whether in present or future any right, title or interest whether vested or contingent of the value of one hundred rupees and upwards to or in immovable property. .....

Union of India Vs. Jashan Mal and Co.

Court : Delhi

Reported in : AIR1976Delhi335; 1976RLR298

..... of the various provisions of the law of contract and of the english factors act, 1842, lord parker, who delivered the judgment of the board, held that: 'wheneverany doubt arises as to whether a particular document is a 'document showing title' or a 'document of title' to goods for the purposes of the indian contract act, the test is whether the document in question is used in the ordinary course of business as proof of the possession or control of the goods or authorising or purporting to authorise, either ..... from clear a reference to the decided cases would appear to indicate that a long line of cases in which such a proposition was negatived were based on the logic that even though the railway receipt was a document of title known as such to the mercantile community, has certain characteristics of negotiability, though not strictly speaking a negotiable instrument, and had, thereforee, been assimilated to a bill of lading for the purpose of section 103 of the contract act ..... such a document the mercantile community has more or less assimilated it to a bill of lading, which by virtue of the provisions of law merchant and the statutory provisions, both in england and in india, has assumed an unusual status as a document of title so that any endorsement of a bill of lading or mention in it of the name of a person as a consignee has the effect of not only transferring the property in the goods to the endorsee or the consignee but also amounts to an assignment of ail the .....

Kishan Dass Talwar and anr. Vs. Adeshwar Lal Jainand ors.

Court : Delhi

Reported in : ILR1976Delhi364

..... being so, partition really means that whereas initially all the coparceners have subsisting title to the totality of the property of the family jointly, that joint title is by partition transformed into separate titles of the individual coparceners in respect of several items of properties allotted to ..... however, observed about the ' nature of the transaction in case of partition of joint hindu family property: 'havingregard to this basic character of joint hindu family property, it cannot be denied that each coparcener has an antecedent title to the said property, though its extent is not determined until partition takes place. ..... the result is that the person who gets the property on partition is constituted the sole owner of that property and he acquires in that particular property not only his own share, right, title and interest therein which he erstwhile enjoyed but also the shares, right, title and interest of the other co-owners or co-sharers of his in that property. ..... conveyance involved in the process as each one of the shareholders had an antecedent title to the joint hindu family properties. ..... the sharers had an antecedent title and thereforee no conveyance is involved in the process as a conferment of a new title is not necessary'. ..... the sharers had an antecedent title and thereforee no conveyance is involved in the process as a conferment of a new title is not necessary. ..... each coparcener has an antecedent title to the joint hindu family property though its extent is determined .....

K.N. Chhiber and anr. Vs. Sae India Limited and anr.

Court : Delhi

Reported in : 2003IIIAD(Delhi)561; 2003(68)DRJ795

..... on facts the apex court opined that the compromise decree precluded the plaintiff from reasserting the title, which had been negatived by the compromise decree although it related only to his claim to a part of the lands, namely the beds of the rivers therein ..... tenant in such a suit is estopped from questioning the title of the landlord under section 116 of the evidence act. ..... even if some doubt may nevertheless be perceived in the title of plaintiff no.2, the suit can be decreed keeping plaintiff no.1 alone in ..... defendant no.1 cannot challenge the plaintiffs' title unless it reliably discloses that post the commencement of the tenancy, the title was uncontrovertibly lost by both the plaintiffs ..... in any event there is no legal infirmity in the title or legal status of plaintiff no.2 to also successfully maintain an ejectment suit against defendant no.1, either individually or along with plaintiff ..... consolidation of holdings act are 'the rights, title, interests and liabilities in their respective holdings shall ..... the tenant cannot deny tht the landlord had title to the premises at the commencement of the ..... the general law in a suit between landlord and tenant the question of title to the leased property is irrelevant. ..... act prescribes that 'no tenant of immovable property, or person claiming through such tenant, shall during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property. .....