Court : Uttaranchal
Reported in : 2005(4)AWC3870G(UHC)
..... sheo moorti gupta, 1995 (2) arc 4, it has been held that where the tenant even if makes deposit of the rent but denies the title of landlord, being the deposit not unconditional, the tenant is not entitled to the protection of section 20 (4) of said act. ..... in the present case, assuming for a moment that the defendant deposited the rent but since he has denied the title of the landlord he cannot be said to be entitled to the protection provided under sub-section (4) of section 20 of aforesaid act.8. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr30
..... of the high court on the question of adverse possession was given without at all considering the materials and evidence on the basis of which the two courts had concurrently found that the plaintiff had acquired title by adverse possession. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr23
..... the plaintiff/appellant asked the defendant/respondent and its officers to prepare revenue record of the land in question but they avoided and asserted their title over the disputed land. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr49
..... a writ of quo warranto is generally regarded as an appropriate and adequate remedy to determine the right or title to a public office and to oust an incumbent who has unlawfully usurped or intruded into such office or is unlawfully holding the same. ..... holding an independent substantive public office or franchise or liberty, is called upon to show by what right he holds the said office, franchise or liberty; if the inquiry leads to the finding that the holder of the office has no valid title to it, the issue of the writ of quo warranto ousts him from that office. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr54
..... evidence on the record to connect the land in dispute with the land mentioned under section 3 of the indian forest act but it was the bhumidhari land of the plaintiff over which the government has no right or title. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(3)AWC2704(UHC)
..... tenant has sub-let, in contravention of the provisions of section 25 or, as the case may be, of the old act the whole or any part of the building ;(f) that the tenant has renounced his character as such or denied the title of the landlord, and the latter has not waived his right of reentry, or condoned the conduct of the tenant;(g) that the tenant was allowed to occupy the building as part of his contract of employment under the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(3)AWC2358
..... . proceeding originaljurisdictionfirst appeal secondappeal 24 209 suit for ejectment assisant commissioner boardof persons occu- collector.pying the land 1st classwithout title anddamages.as such, the above entry contained in second schedule of the aforesaid act, read with section 331 quoted above, bars the jurisdiction of the civil court in respect of the suit in possession of ..... rights under the existing law.above observations had made it simple and clear that if the plaintiff is required to prove his title in respect of agricultural land then by mere institution of suit for cancellation, the jurisdiction would not vest in the civil ..... and if some fraud played on the plaintiff to get the sale deed executed and his title is not questioned, a suit for cancellation of such instrument would lie only in ..... from the pleadings of the parties, it is clear that by execution of sale deed title of the plaintiff stands denied by the transfer or buddh dass, as such in the present case it is the question of title in respect of the agricultural land, which is the real issue and in respect ..... was passed to provide for abolition of zamindari system in agricultural areas situate in urban areas in uttar pradesh and for the acquisition of the rights title and interest of intermediaries between the tiller of the soil and the state. ..... . for example, if the transferor has denied the title of the plaintiff by transferring the land then the title is the real question to be decided for which jurisdiction lies .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr32
..... suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between the parties under whom they or any of them claim litigating under the same title. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ2712
..... in its exercise of the revisional jurisdiction, this court, need not to examine the intricate question of title but to see if the land in question has a character of public place and, if so, whether the revisionist has by putting obstruction has created nuisance to the public. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr15
..... both the courts below had held that the defendants /appellants had been claiming the title over the land by unregistered receipt which was executed in favour of the defendants/appellants in the year 1977. ..... the learned trial court had also held that the defendants /appellants had not perfected the hostile title against the plaintiff/respondents. ..... the courts below held that the plaintiffs/respondents were the owner of the disputed land and further held that the defendants/appellants had raised the construction illegally without any title over the disputed land. ..... 222 of 1991 titled surendra singh v. .....
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