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Kamakhya Prasad Agarwalla Vs. Pradeep Kumar Yadav

Court : Guwahati

..... madulika mukim, daughter of late mayurdhaj agarwalla, by an affidavit submitted that the legal heirs of late mayurdhaj agarwalla have no right, title or interest over the suit property and prayed for rejection of the application for substitution the learned first appellate court came to the conclusion that in view of what was stated by the legal representatives of late ..... the other legal representatives of the original plaintiff including his sons who were sought to be made parties had raised objection in the ground that they have no right, title or interest over the suit land in pursuance of a family arrangement made by them. ..... the revision petitioner, perhaps, may like to file a separate suit for eviction of the defendant-tenant based on his title in accordance with the provisions of law. ..... the suit based on tencancy for recovery of possession cannot be maintained and no relief can be granted to the present plaintiff on the basis of his title acquired subsequently. 8. ..... ), by the impugned order dated 15.10.99, passed in title civil appeal no. ..... deputy commissioner (judl), shillong, in title civil appeal no. ..... late shri mayurdhaj agarwalla, instituted title suit no. ..... he cannot be allowed to succed in the instant suit based on tenancy on the basis of his title. .....

Rajkumar Sinha and ors. Vs. Puskar Singh and ors.

Court : Guwahati

..... in the instant case, the suit was filed on a common cause of the plaintiffs for declaration of right, title and interest without ascertaining the individual share and interest on the disputed land. ..... reason for such argument is that the suit was initiated for declaration of right, title and interest of the plaintiffs (opposite parties) jointly and without indicating the individual share of each of the plaintiffs.4. ..... 2, karimganj against the revision petitioners and others for declaration of right, title and interest and confirmation of possession over the disputed land measuring 12 kedars. ..... in a suit or appeal by joint owners for declaration of title, and possession of property, on a common cause without ascertaining individual interest, omission to bring legal representatives of one co-owner on his death results in abatement of the suit or the appeal as a whole.7. ..... aplain reading of the judgments and the pleadings on record suggest that the suit was based on a common cause for declaration of right, title and interest jointly by the plaintiffs. ..... consequently, the title appeal no. ..... the opposite parties (respondents herein) preferred an appeal being title appeal no. ..... the opposite parties filed title suit no. ..... this revision is directed against the order dated 29th march, 2003 passed by the learned civil judge (senior division), karimganj in title appeal no. 13/99.2. ..... the learned trial judge dismissed the suit as the plaintiffs (respondents) failed to establish their title. .....

Lalmohan Das Vs. Samiran Das and ors.

Court : Guwahati

..... 3, wife of the revision petitioner) who along with the other plaintiffs in the suit had claimed right, title and interest in the suit land through inheritance, it rejected his (petitioner) contention of ignorance of the said proceeding. ..... in the suit, the contesting defendants registered a counter claim seeking a declaration of their right, title and interest in the same land and also a decree for their possession thereof. ..... 2/2001) praying for a decree inter alia for a declaration of their right, title and interest in the suit land and also for recovery/confirmation of the possession thereof. ..... 17 thereafter instituted title execution case no. ..... division, hailakandi in title execution case no. ..... it noticed as well that the said khatian had been issued three years after passing of the decree in title suit no. ..... the learned lower appellate court has rejected the petitioner's contentions mainly on the ground that the application in the executing court had been filed after three years of the passing of the judgment decree in title suit no. ..... in other words, the locus of the said respondent in title execution no. ..... division, hailakandi (later on renumbered as title suit no. ..... 1, 2, 3 and 19 instituted title suit no. .....

The Aligarh Muslim University Through Its Vice-chancellor Vs. Malay Sh ...

Court : Allahabad

Reported in : 2006(1)AWC992

..... from the various provisions of the act as amended by 1981 amendment act, it is clear that retrospective operation at best can be given to provisions amending the preamble, long title, section 2(1), section 5(2)(c) and section 8, most of other provisions are for prospective operation regarding constitution of various authorities and other allied matters ..... the submission of aligarh muslim university and union of india is that the amendment in preamble, long title, section 2(1) and section 5(2)(c) declare that institution was established by minority community ..... . by merely changing the definition of section 2(1) by amending the preamble and long title can the fact that the university came into being by an act of legislature be ..... much emphasis has been laid down by counsels appearing for aligarh muslim university and union of india on amendment in preamble, long title of the act, section 2(1) and section 5(2)(c) of the 1981 act ..... consequently the provisions of section 2(1) and section 5(2)(c) as well as amendment in preamble and long title are liable to be struck down.152 ..... . aligarh (ii) long title: whereas it is (ii) long title: whereas it isexpedient to establish and expedient to incorporate aincorporate a teaching and teaching and residential muslimresidential muslim university at university at aligarh, and toaligarh, and to dissolve the dissolve the societies registeredsocieties registered under the ..... the only amendment made by 1981 act is, as noted above, in preamble, long title, .....

Sita Ram Narsaria and Madan Gopal Narsaria @ Madanlal Gopal Narsaria V ...

Court : Jharkhand

Reported in : [2006(4)JCR140(Jhr)]

..... the equivalent value in the vicinity or pays adequate compensation to be determined by the deputy commissioner for rehabilitation of the transferor: provided also that if after an enquiry the deputy commissioner is satisfied that the transferee has acquired a title by adverse possession and that the transferred land should be restored or re-settled, he shall require the transferor or his heir or another raiyat, as the case may be, to deposit with the deputy commissioner such sum of the ..... years when thepossession of possession ofimmovable the property or any but 30 years defendantinterest therein in respect of becomesbased on title immovable adverse toproperty the plaintiffbelonging to amember of thescheduletribes asspecified inpart iii to theschedule to theconstitution(scheduledtribes) order,1950'5 ..... of the schedule to the limitation act, 1963 period of limitation for suit for possession of immovable property based on title is 12 years when the possession of the defendant becomes adverse. ..... proviso-3 further provides that if the transferee has acquired a title by adverse possession and the deputy commissioner on inquiry is satisfied that the land should be restored or re-settled, he shall ask the transferor or his heir or another raiyat to deposit with the deputy commissioner sum of ..... averred in the writ petition that pursuant to taking over of the possession khewatdar enjoyed the property on the strength of title and possession to the knowledge of everyone including erstwhile raiyat. .....

Meera Sahni Vs. Lt. Governor of Delhi and ors.

Court : Supreme Court of India

Reported in : 106(2008)CLT909(SC); ILR2009NULL551; JT2008(8)SC284; (2008)9SCC177; 2008AIRSCW5807; 2008(9)SCC177; 2008(5)LH(SC)3512

..... the appellants and their predecessors-in-interest in terms of the provisions of the act and also in accordance with law and the aforesaid transfer having been accepted by the competent authority as legal and valid transfer, no title of the land could pass to the respondents only because notification and declaration were issued in respect of the said land. ..... appellants have placed copies of their respective sale deeds through which they have allegedly acquired the title of the land in question from the original land holders. ..... on taking possession of the land, all rights, title and interests in land stand vested in the state, under section 16 of the act, free from all encumbrances and thereby absolute title in the land is acquired thereunder....the said proposition of law was also reiterated in the cases of ajay kishan shinghal and ors. ..... is well settled law that after the notification under section 4(1) is published in the gazette any encumbrance created by the owner does not bind the government and the purchaser does not acquire any title to the property....in sneh prabha (smt) and ors. v. ..... we have no hesitation in our mind in holding that no title could be conveyed or could pass to the appellants on the basis of such transfer and also that consequential mutation in favour of the appellants for the above reasons is found and held to be without ..... considering in- depth all the submissions made, this court by the judgment and order dated 01.11.1996, under the title murari and ors. v. .....

Dharma Das Ghose Vs. Nusseruddin

Court : Kolkata

Reported in : (1885)ILR12Cal660

..... any man who contracts to purchase property and pays in portion of the purchase-money has an interest in such property, though his, title may not be complete and his right final and conclusive; and we think it clear that he has such an interest that the destruction of the property may cause wrongful loss or damage ..... of a public demand, in order to satisfy that public demand, and that the purchaser's title will, after the lapse of sixty days, become final and conclusive, destroys the fruit trees upon the land with the intention of thereby preventing the purchaser from obtaining the benefit of the purchase he has made, under which his title, now inchoate, will become final, and conclusive after sixty days: a has committed mischief.9. ..... and the said certificate shall be deemed in any court of justicesufficient evidence of the title to the estate or share of an estate sold being vested in theperson or persons named from the date specified; and the collector shall also notify suchtransfer by written proclamation in his own office, and in the courts ..... before us is that the offence of mischief was not committed in this case, because at the time when the trees were cut down, the legal title was still in the accused person, and the title of the complainant had not then become final and conclusive. ..... upon a sale becoming final and conclusive, the collector or other officer as aforesaid shall give to the purchaser a certificate of title in the form prescribed in schedule acertificate of sales. .....

Nag NaraIn Singh Vs. Mohd. Adalat HussaIn and ors.

Court : Patna

..... the trial court on consideration of the pleadings as well as evidence both oral and documentary adduced on behalf of the parties came to the conclusion that the plaintiff has been able to prove his title over the suit land described in schedule 1 of the plaint and the sale-deeds dated 1.10.1980 and 12.2.1981 executed by defendant no. ..... 6) in favour of defendant 1st and 2nd set are void, and further for declaration of plaintiff's title and possession over the property mentioned in schedule i and for restraining defendant no. ..... on the contrary the said judgment was brought on record by the plaintiff as exhibit-5 to show that during the pendency of that title suit defendant no. ..... 6 had brought title suit no. ..... 141 of 1989/5 of 1995 by 2nd additional district judge, east champaran, motihari affirming the judgment passed by additional munsif, sikrahna at motihari in title suit no. ..... this appeal is against the judgment of affirmance passed in title appeal no. .....

Prabhunath Sahu @ Prabhunath Sah Vs. Nagina Singh and ors.

Court : Patna

..... 'l) as he did not include his co-defendants-appellants as applicants in misc case, apart from the fact that he had filed the case after six years of the dismissal of the title appeal and after three years of filing of execution case in which even substituted service of notice by publication had to be made for him.8. ..... 1) to file requisites for issuing fresh notice to the respondents of the title appeal, although, no order for issuing notice in title appeal can be legally passed in a misc. ..... it is clear from the record that a joint decree was passed by the trial court against the defendants, who had jointly filed title appeal, but apart from o.p. no. ..... the said suit was decreed by the trial court vide judgment and decree dated 29-5-1987 against which the defendants filed title (eviction) appeal no. ..... 1 of 2002 in the court of 5th additional district judge, motihari (east champaran) for restoration of title appeal no. ..... the petitioner was the plaintiff of title suit no. .....

Mohd. Qamruzama Firdausi Vs. Mohd. YasIn and ors.

Court : Patna

..... 60 of 1974 against defendants-appellant and others for declaration of title and for further declaration that order dated 6-12-1973, passed by special officer, bhagalpur municipality was null and void and not binding on them, which was decreed holding that plaintiffs' got indifisible title and the aforesaid order dated 6-12-1973 was illegal and not binding on them. ..... 4/a and he was the real owner and so the plaintiffs also acquired title over it through ext. 4. ..... 1 preferred title appeal no. ..... plaintiffs-respondents 1 and 2 filed title suit no. ..... 1 special officer of the municipality on 6-12-1973 set aside the mutation order in favour of plaintiffs, which cast cloud on the plaintiffs' title.5. .....