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Feb 08 2002 (HC)

Daya Devi Vs. Angoori Devi and ors.

Court : Delhi

Reported in : 2002IIAD(Delhi)697; AIR2002Delhi295; 96(2002)DLT639; 2002(63)DRJ68

..... read as under:--------------- ------------ ------------------------description of period of time from which periodsuit limitation begins to runarticle 65for possession of twelve years when the possession ofimmovable property the defendant becomeson any interest adverse to thetherein based on plaintiff.title.explanation:-(a) where the suit is by a remainderman, a revisioner(other than a landlord) or adevise the possession of thedefendant shall be deemed tobecome adverse only when theestate of the remainderman,revisioner or devise, asthe case may be, ..... article 65, the period of limitation to institute a suit for possession of immovable property or any interest therein based on title is 12 years commencing from the date, when the possession of the defendant becomes adverse to the interest of the ..... 1 being invalid but it was a suit for the principal relief to recover possession on the ground of title as heirs and it was only incidentally that the adoption deed was sought to be avoided by the plaintiffs because of the stand taken ..... by the respondents-plaintiffs was a suit for possession of immovable property based upon the title of their being heirs of bir singh, the last male-holder. ..... a distinction between the suit for partition in respect of joint hindu family (in short 'jhf') and the suit for partition based on inheritance and since the instant suit for partition is based upon title by virtue of inheritance, article 65 of the limitation act governs the limitation. mr. .....

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Mar 11 1998 (HC)

Marachhi Devi and ors. Vs. Manager Singh and ors.

Court : Patna

..... 1 manager singh was decreed by granting declaration that the plaintiff had title to the disputed land.2. ..... trial court concluding the suit in its decree and holding the vendor of the plaintiff (bacha singh) the only successor of the property of gulabo kuer in capacity of bhagina and legal transfer of his right and title through ext. ..... and as such deosundari devi could not be sister of chandra shekhar singh and bachcha singh was not sister's son of chandra shekhar and therefore, the sale-deed dated 11-3-1981 did not confer any title on the plaintiff. ..... it is significant to state that chandra mukhi, who belonged to the family of defendants and filed title suit no. ..... to substantiate their case, the defendants relied on plaint of title suit no. ..... the plaintiff claimed title in respect of r.s. .....

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Apr 27 1998 (HC)

Yamuna Sah Alias Jamuna Prasad Sah Vs. Shashi Mahto and ors.

Court : Patna

..... 33 of 1993 was filed by the plaintiff-respondent for declaration of title and for further declaration that the proceeding before the deputy collector land reforms, godda vide bhudan confirmation case no. ..... in such situation, i set aside the impugned order dated 12.8.1997 passed by the second additional sessions judge, godda in title appeal no. ..... dwivedi, senior counsel for the appellant submitted that, in fact, the plaint of title suit no. ..... the plaintiff preferred title appeal no. ..... title suit no. .....

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Feb 14 1995 (HC)

Mostt. Ratna and ors. Vs. Smt. Narayani Devi and ors.

Court : Patna

..... 2780 and 2781 dated 4.9.1968 were illegal, void, inoperative and not binding on the plaintiffs and defendant no.1, respondent no.1 herein, has not acquired any right, title or interest over the lands described in schedule a of the plaint.4. ..... the appellants-plaintiffs along with plaintiff no.3 (respondent no.3 herein) filed the said title suit for declaration that the sale deeds no. ..... 1 and 2 defendants in the suit with perfect title.the defence set up by the respondents nos. ..... the appellants herein are the plaintiffs 1 and 2 in the title suit no. .....

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Aug 07 2001 (HC)

Bidya Nand Shah and anr. Vs. Kishundeo Sharma and anr.

Court : Patna

..... the sale-deed executed 6h 21-7-86 by jitni in favour of defendant iind party is valid, for valuable consideration and title passed to defendant iind party through the registered deed which was acted upon. ..... whether the plaintiffs have got title and possession over the suit land ?j. ..... whether jitni has got perfect right title to sale the property ?h. ..... jitni devi), whereby the plaintiffs' appeal was allowed, the judgment and decree dated 5- 3-93, passed by the learned 1st subordinate judge, khagaria, in title suit no. ..... this appeal is directed against the judgment and decree dated 17-5-96, passed by the learned 2nd additional district judge, khagaria, in title appeal no. .....

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Feb 20 1997 (HC)

The Executive Engineer, C.P.W.D. and ors. Vs. R.L. Singh Civil Enginee ...

Court : Patna

..... 124 of 1996 and title suit no. ..... 123 of 1996, title suit no. ..... these there civil revision applications arise out of an order dated 18.7.1996 passed by learned sub-judge i, patna in title suit no. .....

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May 08 1998 (HC)

Birbal Yadav Vs. Suchan Thakur and ors.

Court : Patna

..... subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract; (c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant; (d) when a company has entered into a contract and subsequently becomes amalgamated with another company the new ..... (3) when the transferee has acquired only an equitable title and has no better equity than the purchaser or intended lessee. ..... this civil revision application is directed against the order dated 22-2-1997 passed by the subordinate judge, madhepura, in title suit no. ..... in this regard reference may also be made 10 section 19 of the specific relief act, 1963 which reads as under: section 19 :-- relief against parties and persons claiming under them by subsequent title. .....

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Jul 16 2004 (HC)

Dr. A. Razzak and ors. Vs. Bibi Rubi Naz and ors.

Court : Patna

..... 1 who was plaintiff in the said suit which was filed for declaration of her title as purchaser by registered sale-deed dated 9.8.1994 and alternatively for partition and also for declaration that defendant nos. ..... 2 and 3 did not acquire title by way of purchases from defendant no. ..... 1 to 3 in title suit no. .....

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Nov 04 2004 (HC)

Saraswati Devi Vs. Yadunandan Prasad

Court : Patna

..... the defendant-opposite party challenged the maintainability of the suit under order xli, rule 2, sub-rules (2) and (3) of the code that the plaintiff as well as her other family members appeared and contested title suit no. ..... it is an admitted position that the defendant-opposite party filed title suit no. ..... the plaintiff-petitioner filed the present suit for a declaration that the decree passed in earlier title suit no. ..... the plaintiff is the petitioner against the order dated 25.1.2002, passed by munsif-i, vaishali, in title suit no. .....

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Jul 23 2002 (HC)

Abdul Jabbar Ansari and ors. Vs. Bhola Tiwari and ors.

Court : Patna

..... plaintiffs filed the suit for declaration that they are the rightful owner of the suit land which they got in an oral partition and was in their possession and the defendants had/ have no right title therein and the possession of the defendant 1st set (appellants herein) over the suit land is of a trespasser. ..... the defendants have categorically denied the entire allegations with respect to acquisition of title and possession as well as the story of dispossession pleaded by the plaintiffs except with respect to the genealogy of the family and partially the fact of acquisition of suit land along with other lands in 1959 in the name of ..... the trial court on consideration of the evidence adduced, oral and documentary, decreed the suit on contest, which has been affirmed by the lower appellate court in the title appeal.6. ..... this appeal, at the instance of the defendant ist party, is directed against the judgment of affirmance passed in title appeal no. .....

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