Supreme Court of India Judgements

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Category: Property Matters

Property Matters

A plea of adverse possession is founded on the acceptance that ownership of the property vests in another against whom the claimant asserts a possession adverse to the title of the other. Possession is adverse in the sense that it is contrary to the acknowledged title in the other person against whom it is claimed. HELD To substantiate a plea of adverse possession, the character of the possession must be adequate in continuity and in the public because the possession has to be to the knowledge of the true owner in order for it to be adverse.

Mar 16, 2020 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 190 OF 2020 (ARISING OUT OF SLP (CIVIL) NO. 16321 OF 2011) SHRI UTTAM CHAND (D) THROUGH…

Property Matters

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC HELD “A compromise decree passed by a Court would ordinarily be covered by Section 17(1)(b) but subsection(2) of Section 17 provides for an exception for any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding.

Feb 5, 2020 sclaw

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC [Read Judgment] LIVELAW NEWS NETWORK 5 Feb 2020 6:41 PM The…

Property Matters

Registration Act, 1908 – Sections 31, 88, 89, 32, 34 and 36 – Civil Procedure Code, 1908 (CPC) – Section 100 – Transfer of Property Act, 1882 – Section 53(A) – Registration of deed of conveyance – HELD The deed in question does not fall within Sections 31, 88 and 89 of the Registration Act. Section 32 of the said Act does not require presence of both parties to a deed of sale when the same is presented for registration – Not find any reason to interfere with the judgment of the High Court

Jan 25, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH H.P. PUTTASWAMY — Appellant Vs. THIMMAMMA AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal No. 3975…

Property Matters

Madras Forest Act, 1882 – Sections 6, 8 and 25 – Declaration of title – The significant proposals of the Respondent were that the title in respect of the Alagar Hills should be with that of the presiding deity of the Respondent- The finding recorded by the High Court that there is adequate material to hold that Alagar hills belong to the temple is erroneous. The trial Court is right in holding that the Respondent miserably failed in producing any material to prove its title

Nov 10, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE GOVERNMENT OF TAMIL NADU & ANR. ETC. ETC. — Appellant Vs. ARULMIGHU KALLALAGAR THIRUKOIL ALAGAR KOIL & ORS. ETC. ETC. — Respondent (…

Property Matters

Displaced Persons (Compensation & Rehabilitation) Act, 1954 – Section 16 – Displaced Persons (Compensation and Rehabilitation) Rules, 1955 – Rule 34 – Transfer of land – Lack of use of expression ‘package deal’ – Thus, if the Central Government could transfer land forming part of the compensation pool to a corporation, then it could very well transfer land to a State Government.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMESH PARSRAM MALANI AND OTHERS — Appellant Vs. STATE OF TELANGANA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta…

Property Matters

Revenue records – Title – name was recorded in the Survey Settlement of 1964 as a recorded tenant in the suit property, it would not make him the sole and exclusive owner of the suit property – since entries in the revenue records do not confer title to a property, nor do they have any presumptive value.

Oct 18, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAHLAD PRADHAN AND OTHERS — Appellant Vs. SONU KUMHAR AND OTHERS — Respondent ( Before : Indu Malhotra and Krishna Murari, JJ. ) Civil…

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