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Bir Vijai Singh Vs. Rama Shankar Singh and ors.

Court : Patna

..... since neither the claim of pre-emption raised by the intervenor has been allowed, nor any sale deed has been executed in his favour, he has acquired no right or title in the said property. ..... 1 (intervenor) has no right, title or possession over the suit land and his only claim is that he is a pre-emptor and had filed ceiling case nos. ..... the petitioner is plaintiff in title suit no. .....

Shamim Ara Naz and anr. Vs. Mohammad Quamruddin

Court : Patna

..... learned counsel submitted that when the court below has come to a finding that the plaintiff has established prima facie title over the suit premises then there was no reason for rejecting the application of the plaintiff.4. ..... in the instant case, although the defendant has claimed title in himself by virtue of alleged heba made in his favour but no prima facie evidence was produced to establish the said defence. ..... in other words, take defendant has claimed titled in himself on the basis of heba (gift). ..... learned court below after considering all the facts and the documents filed by the parties came to a prima facie finding that the plaintiff has established title over the suit premises. ..... it is well settled that in a case where defendant denies the relationship, the court has to examine the material then available and come to a conclusion whether such denial or a dispute as to title of the plaintiff is. ..... this civil revision application is directed against the order dated 22.9.1995 passed by learned munsif, patna city, in title friction suit no. .....

Kishan Singh and ors. Vs. Suraj Prakash and ors.

Court : Rajasthan

Reported in : 1974WLN81

..... article 53 runs as under:article 53--by a vendor of three the time fixed for completingimmovable property years the sale, or (where the title isfor personal payment accepted after the fixed periodof unpaid purchase- for completion the date of themoney acceptancethis article is not applicable to the present case as no time was fixed for completing the sale. ..... jain, the learned advocate for the defendant appellants conceded that the sale was complete and title to the vended property passed to the vendor on the execution and registration of the sale-deed. ..... admittedly, there is no such agreement in the present case that the title to the vended property will not pass until the entire consideration money was paid the side was therefore complete as soon as the sale-deed was registered irrespective of the fact whether the sale- ..... the title to the property having passed to the buyer he alone could have taken action thereon for the eviction of the tenant and such action was in fact taken by the buyer as is evident from his own statement as dw 2. .....

Ganesh Prasad Vs. Lakshman Dusadh and ors.

Court : Patna

..... 7/1983 which was filed for declaration of his title and for order of injunction and for other ancillary reliefs. 3. ..... it is clear from the order-sheet of the title suit that on 22.7.1987 the plaintiff had appeared in the suit but no one appeared on behalf of the defendants even after several notices and hence the court ordered for gazette notification of the notice for ..... i also set aside the order dated26.11.1987 passed by the learned sub-ordinate judge-i, aurangabad, in title suitno. ..... this civil revision has been filed by the plaintiff of title suit no. .....

Smt. Basundhara Devi and anr. Vs. Ram Chandra Jha and ors.

Court : Patna

..... plaintiffs filed suit for declaration of title over the suit land measuring 8 dhurs of s.p. no. ..... , and that thakkar jha from whom defendants purchased 16 dhurs of the said plot on 11-7-1984 by a registered sale-deed has/had no concern with the family of uma mish rain and did not confer any title to the defendants. ..... admittedly, title suit no. ..... this appeal is directed against the judgment of affirmance passed in title appeal no. .....

Suresh Singh Vs. State of Bihar and ors.

Court : Patna

..... before the courts below, as well as before us, the only question which has been raised in support of this application was that in view of the fact that the right title and interest in respect of the lands in question stood transferred in favour of the petitioner by reason of the aforementioned deed of sale dated 20th august, 1987, the application for pre-emption filed by the respondent no. ..... it is now well known that in terms of section 47 of the indian registration act, the right, title and interest passes to the purchaser from the date of execution of the deed irrespective of the fact that the deed of sale was registered on a later date. ..... 6 transferred his right, title and interest in favour of ramashankar singh and prabhunath singh (respondents nos. .....

Dilsher Mian @ Dil Mohammad and ors. Vs. Manager and ors.

Court : Patna

..... the trial court had dismissed the suit of the plaintiff-appellant in which they had sought relief of declaration of their title and confirmation of possession and, in the alternative, for recovery of possession, the appellate court, however, held that jhapas was the son of nayak, but other relief claimed by the plaintiff-appellant was not allowed by ..... 1 (wife of late nakchhed) had no title or interest in the suit property, but she executed jarpeshgi of the suit property in favour of defendant nos. ..... the plaintiff before this court had filed title suit no. ..... this second appeal is directed against the judgment of the first appellate court passed by sri prem narayan shukla, sub-ordinate judge, gopalganj in title appeal no. .....

Ramvilas Bajaj Vs. Ashok Kumar and anr.

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' .....

Sheo Nandan Lal and ors. Vs. Jai Ram Lal and ors.

Court : Patna

..... c or d do not create any right or new title to the parties to the agreement because this was affected after the mutual agreement arrived at by the parties lastly it is contended that even if ext. ..... this appeal is directed against the judgment dated 19.7.88 (decree signed on 27.7.88) passed by sri suresh prasad sinha, subordinate judge, iii, at jamshedpur in title (partition) suit no. ..... x x x x x x x to sum up, therefore, we are of the view that the compromise could have been relied upon as an admission of antecedent title.23. ..... 392, 389 it was clearly held by the allahabad high court that the compromise could have been taken into consideration as a piece of evidence even if it was not registered or for that matter as an evidence of an antecedent title. .....

Sanwarmul Poddar @ Koka and anr. Vs. Gulraj Poddar and ors.

Court : Patna

..... 772, nor has it affected in any way the plaintiff's right title and interest in the said holding. ..... 4 has neither created any right, title and interest in favour of the respondent no. ..... the appellants filed title suit no. .....