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Moti Shah Vs. Bulaki Sah and ors.

Court : Patna

..... their right over the property when they got themselves mutated after the death of sonu sao and mahadeo sao and when ouster could not be proved the plaintiffs have acquired title over the half portion and then decreed the suit for recovery of possession of the suit property towards the northern side after having been demarcated by the authorities concerned.5. ..... had held that there was no specific partition amongst the co-sharers between the vendors of the plaintiffs and the defendants and the defendants have purchased more than what their vendors title was and the plaintiffs either having not got possession by their purchase or if oust off subsequently then also there was no specific possession. ..... of the appellate court shall be upheld only with the modification that the plaintiffs' right, title and interest over the suit plot for 17 decimals i.e. ..... the plaintiff-respondents filed the suit for declaration of title and also for recovery of possession in respect of the suit land appertaining to ..... appellate court had committed error of law while not giving independent reasons and discarding the reasonings given by the original court regarding exclusive possession of the defendants' vendors and thus acquiring title and perfecting the same by adverse possession. ..... decree of the plaintiffs' suit regarding their declaration of title cannot be interfered with. ..... been preferred against the judgment and decree dated 31-1-19 86 passed by the 8th additional district judge, munghyer, in title appeal no. .....

Ved Mitra Verma Vs. Dharma Deo Verma and anr.

Court : Guwahati

..... as the decree of a suit for specific performance of the contract for sale, if passed, cannot, at all, affect the right, title and interest of respondents 1 and 4 to 11 in respect of the contracted property and in view of the detailed discussion made herein earlier, respondents 1 and 4 to 11 would not, at all, be necessary to be added in the instant suit for specific ..... therefore, the court cannot allow adjudication of collateral matters so as to convert a suit for specific performance of contract for sale into a complicated suit for title between the plaintiff-appellant one hand and respondents 2 and 3 and respondents 1 and 4 to 11 on the other. ..... suit premises, he is always at a liberty, subject to the law of limitation or res judicata, as the case may be, to institute the title suit or a suit of the like nature against the respondent no.1 in a separate proceeding. ..... of the eviction and recovery of vacant possession whereas the issues sought to be raised by the petitioner if and when impleaded was one of title between him and the respondent no. ..... to do with the dispute of title between the petitioner and the respondent ..... impugned judgment and order, it must be noticed that the petitioner had already instituted a title suit against the respondent no. ..... wishes to contest the title of the respondent no ..... 1 over title to the suit property to be adjudicated or considered, which has no nexus to the subject matter of the suit thereby causing embarrassment and considerable prejudice at least .....

Taramani Devi and ors. Vs. Govind Ram Sharma and anr.

Court : Patna

..... jamabandi existing in the name of madan lal would also show that he had corne in possession of the suit land by the family arrangement of the years 1954 and, thus, he had perfected title by adverse possession before the alleged deed of gift executed in the year 1975. ..... was re-arrangement of family property and the suit plot was given to the plaintiffs and simply because haridwar was allowed 2 kathas of this plot, that will not mean that he is having title over the suit land of 7 katha 4 1/2 dhurs. ..... the name of madanlal, belied this story of haridwar having subsisting title over the suit land. ..... singhania had taken from them, the aforesaid transaction was a sale of land which was oral and, therefore, the plaintiffs had acquired no title over the same. ..... the plaintiffs had no title and the deed of gift was valid, legal and legitimately executed by ..... above that the circumstances indicated that haridwar was divested of his title over plot no. ..... premise that the transfer of the suit land to the plaintiffs was in lieu of money which was taken by haridwar prasad singh and since this transfer was unregisterd, it did not confer any title on the plaintiffs. ..... confirming the judgment and decree dated 19th may, 1984 and 30th may, 1984 respectively passed by 2nd additional munsif, bettiah (west champaran), in title suit no. 68/82/t.s. 2/84. ..... been preferred against the judgment dated 17th march, 1986 and decree dated 8th april, 1986 passed by the 3rd additional district judge, bettiah, in title appeal no. .....

Yogendra Kumar Singh and anr. Vs. Mahendra Prasad @ Mahendra Lal and a ...

Court : Patna

..... 211 of 1987 and this court vide its judgment dated 20.4.1993 allowed the second appeal, set aside the decree passed in the title appeal and affirmed the decree of the learned trial court.5. ..... 2, had any share or interest or title in the said property. ..... 2 has any right, title or share in the same as has already been held by this court in second appeal no. ..... the said suit was dismissed on 3.7.1984 by the learned trial court declaring the title of opposite party nos. ..... 1 has been allowed by the learned subordinate judge-iv, patna, by his impugned order dated 15.12.2000 passed in title suit no. ..... 1 and 2 as defendants in the said title suit. ..... 2 sold her half share in the suit property to the petitioners by a registered deed dated 3.9.1993 whereafter the petitioners filed title suit no. ..... the said decree was challenged by late hazari sao in title appeal no. ..... 2 had no title in the suit property as she was merely a benamidar and in fact he (hazari sao) purchased the suit property alongwith opposite party no. 1. ..... 2) filed title suit no. ..... the petitioners are plaintiffs of title suit no. .....

Tarini Marandi ors. Vs. Lakshmi Mahto ors.

Court : Patna

..... . coming back to the instant case it appears that the plaintiffs have filed the suit for declaration of their title over the suit property on the basis of settlement made by the sub-divisional officer, deoghar in the year 1974 and on the basis of that they have been coming in ..... the plaintiffs have not filed the suit for setting aside or modifying the order of deputy commissioner rather the plaintiffs have filed the suit for declaration of their title over the suit land and for permanent injunction restraining the defendants from disturbing their possession. ..... is equally well settled that when court of limited jurisdiction takes only prima facie decision on a question as to title to the property as required by the statute the jurisdiction of the civil court to decide that question on merit ..... the learned counsel submitted that the plaintiffs filed the suit for declaration of their title on the strength of the order dated 21.10.1974 passed by the sub-divisional officer, deoghar in the settlement case which order was subsequently ..... . in the instant suit the plaintiffs have been seeking declaration of their right title and interest over the suit property on the basis of settlement and have further pleaded the facts which gave rise to cause ..... suit by the plaintiffs cannot be said to be barred under the provisions of the aforementioned act and civil courts have jurisdiction to entertain such suits and adjudicate the right title and interest of the parties in respect of the suit properties .....

Md. KamruddIn Vs. Brijnandan Prasad

Court : Patna

..... but, the position remains that the parties have fought for a life time regarding their title over the suit property and by this time the limitation may also come as a barrier if liberty is given for filing a fresh suit by the ..... if as per terms and conditions of baibulbafa deed the title has been transferred to the plaintiff on expiry of the period then the plaintiff might be construed as an absolute owner and in that case, the defendant ..... and that the plaintiff was never have any interest with the suit property and that the title of the property had already been transferred by defendant no. ..... it may be mentioned here that even if no absolute title had been transferred to the plaintiff on the basis of baibulbafa deed then also the purchase of defendant ..... while deciding that factum the appellate court had gone to the extent that the plaintiff had not acquired any title over the suit property rather the title remains with defendant no. 1.3. ..... whether the plaintiff's title became absolute on the basis of the baibulbafa deed or the mortgage by conditional sale was not a subject-matter to be dealt within the limited scope of eviction ..... being a subsequent purchase would not confer any title to him. ..... of 1983 whereby and whereunder the judgment and decree passed by the additional munsif, biharshariff in title suit no. ..... appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 14-3-1985 passed by the additional subordinate judge, biharshariff in title appeal no. .....

Syndicate of Press of the University of Cambridge Trading as Cambride ...

Court : Delhi

Reported in : 2005(31)PTC58(Del)

..... it would be perfectly clear to them, from the words enclosed in brickets as a sub-title, that they were acquiring, not the original work, but 'guide for university students. ..... labour must be apparent, and the reduction of the size and work by copying some of its parts and omitting others confers no title to authorship, and the result will not be an abridgment entitled to protection. ..... ex-parte order of ad-interim injunction was passed in favor of the plaintiff on 10th november, 2004 wherein the defendants were restrained from utilizing and incorporating the verbatim text taken from the plaintiffs' subject matter titled 'advanced grammar by martin hewings' in any of their publications.5. ..... we are in switzerland again.we...in a very comfortable small we...in a very comfortable small hotel.hotel...key to exercises-unit 1, 1.1, page 289 answers, exercise-1.1-page 14----------------------------------------------------------------------------------------------------------------------------------------------------------------------'extracts from the plaintiffs' extracts from thetitle 'advanced english defendant's title 'englishgrammar' by martin hewings. ..... to add anywords outside the space words outside the space------------------------------------------------------------------------------------------------------------------------------------------------------------'extracts from the plaintiffs' extracts from thetitle advanced english defendant's title 'englishgrammar' by martin hewings. .....

Triveni Bai and ors. Vs. Swaroop Chand and ors.

Court : Rajasthan

Reported in : 1974WLN13

..... they were in possession within 11 years from the date of the suit, for, badridas who had put the defendents into permissive possession was none else than the predecessor in title of the mortgagors from whom the plaintiffs derived their title the principle laid down by the judicial committee in siddik (sic) ohammed shah's case, namely that no amount of evidence can be looked into upon a plea which was ..... plea of limitation was also raised on the ground that the plaintiffs or their predecessors in title had not been in possession within 12 years preceding the date of the limitation of the ..... it may be stated at the very outset that the plaintiffs have succeeded in proving their title they were mortgagees of the premises in dispute which were subsequently purchased by them at the court sale held in execution of the mortgage decree obtained ..... ultimately, the plaintiffs brought the present suit on the basis of their title and claimed possession and mesne pofits for the last three years preceding (he date of the suit at the rate of ..... , even if article 64 is made applicable, the suit is within time as the plaintiffs have succeeded in proving the constructive possession of their predecessor-in-title within 12 years before the date of the institution of the suit.12. ..... there is no evidence to show that the defendants asserted any housie title on the suit premises to the knowledge of the true owners at any time before the present suit or in any cast before the symbolical possession was delivered .....

Lal Mohan Yadav Vs. Most. Sanjha Devi and ors.

Court : Patna

..... (supra), while dealing with the question as to whether title passes on mere execution and registration of a deed or only on payment of consideration held that it depends upon the intention of the parties to be gathered from the deed, and further, that though the sale-deed may recite ..... reported in 1974 bljr 81, held that the title did not pass to the vendee with the execution and registration of the deed. ..... this court finds that both the courts-below on the basis of evidence have come to the conclusion that no consideration was paid and, that there was clear intention of the parties to pass title only after the exchange of equivalents. ..... consideration will not extinguish the title acquired by execution of the sale-deed. ..... the title appeal filed by the defendant-appellant being title appeal no. ..... the title passes to the vendee with the execution and registration of the deed itself, in support of his contention, he placed reliance upon the decision of this court in the case of sheikh sultan ahmad v. ..... out of fraud, and thus, allowed the claim of the plaintiff sanjha devi with respect to the land covered by the said sale-deed and decreed the suit in part, on appeal filed by the plaintiffs being title appeal no. ..... as both these second appeals at the instance of defendant 1st party arise out of common judgment passed in title appeals no. .....

Jogeswar Gayan Vs. Moti Ram Borah and ors.

Court : Guwahati

..... interruption, and for twenty years, and where any way or water-course or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming ..... the words 'shall be absolute and indefeasible' occurring in sub-section (1) make it clear that any right, title and interest created as an easement shall be absolute and indefeasible. ..... therefore, if in a given case it is proved that any right, title or interest has accrued in favour of a party, the same cannot be adversely affected on the ground that an alternative path exists or viable because of acquisition of adjoining land.6. ..... in the case at hand, both the courts below did not favour the appellant with a decision that any such right, title or interest has accrued in his favour. ..... 2, nagaon in title suit no. ..... this second appeal is directed against the judgment and decree dated 28.6.1994 passed by the learned assistant district judge, nagaon in title appeal no. .....