Article 233 of the Constitution
the word has been used in present perfect continuous tense, its
effect and its amplitude in the background whether ... question was raised that by reason of the use of present perfect
tense "has been" in clause (2) of Article 233 , the rules
present tense. Of course, the former in the present imperfect and the latter in the present perfect continuous tense. If the intention was that
only evidence of the respondent's title; ........ ........"
In the present case, the plaintiffs throughout pleaded that they were put into possession by defendant ... continuing in possession for more than twelve years, would be deemed to have acquired a perfectly good title to the property. In the present case
interest of justice and equity, the present trial should not be allowed to continue, because the petitioner was already harassed in the previous trial ... trial was continuing. Their Lordships observed on the point as follows :
" The present case is one in which the prosecution knew perfectly well what
title in such granted lands had perfected his title in the granted lands by prescription by long and continuous enjoyment thereof in accordance with ... within the purview of the present Act, as the title of such transferees to the granted lands has been perfected before the commencement
Brij Bhukan Kalwar And Ors. vs S.D.O. Siwan And Ors. on 17 August
said that his contention is valid.
I am not considering at present whether the Act controls the Transfer of Property Act . For the purposes ... lease, as in the present case. The position of a tenant under the Transfer of Property Act is perfectly clear. When a tenancy
entitled to exemption as provided in Section 84 . He was, I think) perfectly correct because no fact had to be ascertained or investigated before ... thus the business was the same business without any break in its continuity. It is thus increasingly clear that the mistake was apparent from
Sales Tax. Assuming the presentation of this appeal in the office of the Deputy Commissioner to be a proper presentation, the appeal was obviously barred ... eight days and, therefore, the Assistant Commissioner of Sales Tax was perfectly justified in holding the appeal to be time-barred. The question, however
thrown round the real intent of the parties."
It is perfectly clear on the authority o£ the cases which I have referred to above ... true nature of the transaction have to be ascertained. In the present case, a mere perusal of the 'kerayanama' shows that there
