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1 - 9 of 9 (0.23 seconds)The Delhi Rent Control Act, 1958
Section 17 in The Registration Act, 1908 [Entire Act]
Lajwanti & Others vs Priti Devi & Others on 2 June, 2023
19.3 Furthermore, it is also to be noted that in addition to agreement to
sell dated 19.02.1978, the respondent also relies on a receipt of a same
date of Rs.15000/- towards full and final consideration for the sale of
tenanted premises, however, as per the version presented in leave to
defend the amount of Rs.15,000/- was paid in the year 1968 as pugari.
Therefore, these two versions as to payment of consideration do not
coincide. Even otherwise, if it is assumed that the pugari was paid in
the year 1968 as asserted in the leave to defend the legal position of the
respondent in the suit premises would only remain as a tenant and will
not in any manner transcend to the position of an owner.
19.4 Further, by form of corroboration petitioner has filed a judgment
titled Lajwanti Vs. Usha Devi & Ors bearing case No. 7424/2016
decided on 25.09.2019. The said suit was preferred by the respondent
herein against all the legal heirs of Sh Uday Ram seeking relief of
injunction pertaining to the tenanted premises. It is to be noted that
petitioner herein was defendant No 9 in the said proceedings. In the said
suit while deciding Issue No. 1 i.e., "whether the plaintiff is in lawful
possession of the suit property? (OPP)" and 3"Whether the plaintiff is a
tenant in the suit property?(OPD)", Ld. Court had given a finding to
the effect that respondent herein occupied the tenanted premises as
a tenant and she was unable to prove her title to the property.
Further, the Ld. Court also held that petitioner herein is the true
owner of the property by way of Sale Deed of Sh. Uday Ram and a
subsequent relinquishment deed by her siblings in her favour. In
the said judgment as well Ld. Court refused to accept the version
of the respondent herein as the owner of the tenanted premises and
held that she is merely a tenant as against the true owner i.e.
This is a digitally signed order.
Suraj Lamp & Industries (P) Ld.Tr.Dir vs State Of Haryana & Anr on 11 October, 2011
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/05/2026 at 21:46:43
either by purchase, gift, exchange or adverse possession as provided in
provisions of Transfer of Property Act. The said transaction has to be
executed by way of registered deed as per section 17 of The Registration
Act. Further, in Suraj Lamp & Industries (P) Ltd. Vs. State of
Haryana, (2012) 1 SCC 656, the Hon'ble Supreme Court held that,
"Immovable property can be transferred only by deed of conveyance
duly stamped and registered as required by law." Therefore, even
otherwise, the plaintiff could not have become owner by virtue of the
afore-mentioned document Mark PW-1/D1.
Sarla Ahuja vs United India Insurance Company Ltd on 27 October, 1998
In Sarla Ahuja v. United India
Insurance Co. Ltd., (1998) 8 SCC 119: AIR 1999 SC 100, the Hon'ble
Supreme Court had observed and held as under: -
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Abid-Ul-Islam vs Inder Sain Dua on 7 April, 2022
15. The Hon'ble Supreme Court in Abid-Ul-Islam v. Inder Sain Dua,
(2022) 6 SCC 30 : (2022) 3 SCC (Civ) 287 : 2022 SCC OnLine SC 419,
with respect to scope of revision under DRCA, had observed and held as
under: -
Brij Narayan Shukla (D) Thr. Lrs. vs Sudesh Kumar Alias Suresh Kumar (D) Thr. ... on 2 July, 2014
19.5 The next defence taken by the respondent is creation of
independent right on the grounds of adverse possession. This
ground also does inspire any confidence with the court as on one
hand respondent asserts that she has become owner by execution of
title documents in her favour on payment of pugri and on the other
hand she asserts that she has attained the status of a trespassers by
emphasing that she has the defence of adverse possession in her
favour. Further, if this plea is taken to be true its necessary
consequence is admission of ownership of the petitioner as adverse
possession is not claimed against the entire world but only against
a specific person i.e. the known owner of the property. In addition,
tenant cannot claim adverse possession against the landlord since
their possession is permissive in nature. It has been held by Hon'ble
Supreme Court of India in judgment titled Brij Narayan Shukla (D)
through LRs Vs. Sudesh Kumar Suresh Kumar (D) through LRS & Ors.
2024 LiveLaw (SC) 17that;
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