declared surplus. Counsel submitted on the
basis of pleadings that the cloud over title and the Committee's
inability to hand over vacant possession ... Court took place on 29.7.2009, Amartex never raised the question of
cloud over title. Its non-compliance with the Supreme Court's order
only if the denial of title by the defendant or
challenge to plaintiff's title raises a cloud on the title of
plaintiff ... title or an interloper without any apparent title,
merely denies the plaintiff's title, it does not amount to
raising a cloud over
withdrawn) and on
29.07.2009, the question or aspect of defect/cloud over title to the
subject property was before the Supreme Court. Amartex, as
bidder ... Committee sought to enforce the undertaking that
the question of cloud over title of subject lands was sought to be
advanced, through applications. The first
instead the plaintiff discovered that there was cloud to the title over the
property, in as much as the Defendant ... plaintiff had also stated that there was cloud over the title to the first floor of the
property, in as much as the defendants
withdrawn) and on
29.07.2009, the question or aspect of defect/cloud over title to the
subject property was before the Supreme Court. Amartex, as
bidder ... Committee sought to enforce the undertaking that
the question of cloud over title of subject lands was sought to be
advanced, through applications. The first
under Section 39 (now Section 31 ) is to remove a cloud upon the title by removing a
potential danger but it does not envisage ... circumstances that it can be said that there is a cloud on his title
and the apprehension that if the instrument is left outstanding
proposition that 'entries in the Revenue record do not confer
title' is well settled and the absence of such entries, in respect ... else, to say the least. The inference
that there was a cloud over title or a prior encumbrance, therefore, was
irresistible. Urging that with
marketable, in the facts of
this case, the cloud on the title was lifted on 27.03.2009. In the
circumstances, the suit was maintainable. The question ... plaintiff could not take advantage of the so-
called cloud over the title to the property for the reason that there
duty to verify whether
there was any encumbrance or cloud on the title of the mortgagor/borrower.
Learned senior counsel invited the attention ... petitioner to
satisfy himself as to whether any encumbrance or cloud over the title existed
at the point in time when the sale deed
2104/2008 was instituted before this Court, seeking
cancellation of title documents, inuring in favor of the plaintiff.
3. The plaintiff contends that ... Arvinder Kaur's
suit before the Court, alleging cloud on the title to the leased premises. The plaintiff submits that
such excuse is impermissible
