Court : Uttaranchal
..... the appellants before the apex court had perfected their title by way of adverse possession. .....
Tag this Judgment!Court : Uttaranchal
..... this will appear from short title of the rules. .....
Tag this Judgment!Court : Uttaranchal
..... it is pleaded that respondent no.2 cannot get better title than what respondent no.1 had, hence the respondent no.2 is not entitle for any relief. .....
Tag this Judgment!Court : Uttaranchal
..... civil judge, lucknow and others, reported in 2007 (4) scc-632 has held that "once a waqf is created, the waqif stands divested of his title to the properties which after the creation of the waqf vests in the almighty. ..... learned senior advocate for the petitioner then contended that to create a private waqf al-al-aulad it is mandatory to vest the title of the property in the almighty. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2012AIR(Uchal)60
..... this much is evident from a bare perusal of the notice under section 13(2) of the said act that the petitioners have created mortgage by way of deposit of title deed of the land mentioned in the schedule c with the respondent bank creating security interest in favour of the respondent bank. 12. .....
Tag this Judgment!Court : Uttaranchal
..... learned counsel for the appellants submitted that honble supreme court in the judgment reported in 2011 (5) scale-1, has held that the title does not pass to the purchaser, unless sale consideration is paid and in the present case, since sale consideration was of a very meager amount, therefore, it should be assumed that sale consideration was not full. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2012(4)LRC478
..... a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right .....
Tag this Judgment!Court : Uttaranchal
..... 1 has no legal right or title to the said property. .....
Tag this Judgment!Court : Uttaranchal
..... the respondents also filed an application under order-vii rule 11 of the code of civil procedure alleging therein that since the name of the plaintiff/ appellant is not entered in revenue records; she has no title over the land in question, the civil court has no jurisdiction to try the suit. ..... he further submitted that the plaintiff/appellant has no right and title over the land in dispute as her name was also not recorded in the revenue records. ..... , but in view of the fact that the land in question is agricultural land and plaintiff/appellant has no title over the same, suit was rightly dismissed. ..... that since name of the plaintiff/appellant is not recorded in the revenue records, which she herself admitted in the plaint, the suit is not maintainable and in such circumstances, the plaintiff/appellant should get her title declared first from the revenue court. ..... plaintiff/appellant should have instituted suit for declaration of title from the revenue court. .....
Tag this Judgment!Court : Uttaranchal
..... it was further contended that the land on which the petitioner had erected his factory was given by the petitioner to the respondent bank by deposit of the original title deeds, upon which a security interest had been created and therefore, section 31(e) of the act would not be applicable. ..... necessary details in this regard is lacking, namely, the title deeds have not been filed in the writ petition to indicate as to whether the land in question is a lease or not. ..... in the light of the aforesaid, the court is of the opinion that a lease will not come under the purview of the act, but, if a security interest has been created on a lease by deposit of title deeds etc. .....
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