Previous court judgments neccessity
varma
(Querist) 11 December 2011
This query is : Resolved
sir,Can anybody give high court/supreme court judgment citations for below case
Vendee/Plantiff filed case for recovery of earnest money stating Vendor had no clear & marketable title under breach of contract
Vendor/defendant defends that his title on immovable property is clear & marketable on basis of adverse possession &there is no need of money given back & Won the case in court.
PLZ sir,its important to me because I am the defendant of my case.IF ANY SUCH TYPE OF PREVIOUS HIGH/SUPREME COURT DECREES,PLZ PROVIDE
Devajyoti Barman
(Expert) 11 December 2011
What is the status of the your suit?
Have the evidence been completed?
What is the evidence in support of your claim?
The citation is only a small part of the case, rest would depend upon the factors as mentioned above.
varma
(Querist) 11 December 2011
The evidence has not been completed but it is time of mine I have to submit my written statement.I have registered Will deed of year 1995 which shows my title on said property & who wrote the Will just enjoyed property with out any Tile documents from year 1960 with only paying Tax bills & testator had died on 1998 & from year 1998 I am in openly,continuously,exclusively,undisturbed with out dispute till date in my name for my title but except Will deed of year 1995 & tax receipts from year 1998 in my name,there was no more documents.SO I want to defend my case by plea of adverse possession because vendee filed suit that testator had no Title & hence I/vendor did not get Title.so Ttle is not clear & marketable.Hence return money.
SO NOW CAN U GIVE high/supreme court citations for winnning of my case using plea of adverse possession..PLZ sir
varma
(Querist) 11 December 2011
I have following documents.
1)Testator house tax receipt bill of year 1995 2)Registered will deed of year 1995, 3)House tax receipts in my name from year 1998 -year 2011 4)ration card showig present adress & my name.
Raj Kumar Makkad
(Expert) 11 December 2011
Anjannappa versus Somilingappa 20006 (2)RCR (Rent) 594 (SC)
Raj Kumar Makkad
(Expert) 11 December 2011
Gulshan! This is not the way to tel the citation. Such replies shall only harass the querist and shall create a sense of disrespect towards the experts.
Guest
(Expert) 12 December 2011
When in your main question you have already said, as a vendor/defendant, you have won the case in court, it is not understood why then you find the need of any Supreme Court decree and for what purpose?
varma
(Querist) 12 December 2011
mr.dhinagra sir,what I have asked is is there any previous citations like vendor/defendant won the case by using plea of adverse possesion to show his Title is clear & marketable against vendee/plantiff who demanda recovery of earnest money suit on basis of vendor Title is not clear & marketable
Any way,from mr.Raj Kumar makkad sir,I got very very... useful citation for support of my case because for my case also I donot know who is the exact true owner of my property. VERY VERY THANKS SIR.
Guest
(Expert) 12 December 2011
Your main question does not indicate why did you want the citation when you have already won the case, as you seem to clarify now. However, a great revelation when you state, "I donot know who is the exact true owner of my property."
