Declaration of Title: The Power of an Opponent's Admission in Property Disputes

2023 0 Supreme(Cal) 1614

It is the power and duty of the Court to ascertain as to whether the admission is made spontaneously or by inadvertence secondly whether there was due diligence on the part of the party in detecting the error regarding admission and making bona- fide application for amendment, thirdly whether the opposite ... The case of the petitioners/defendants may be summed up thus: The plaintiffs/opposite parties fil....

It was held that the statement was not receivable as an admission against the defendant because the workman was neither a party to the suit, nor a person from whom the defendant derived his title. ... & R. 919.] where a declaration was received as an admission, it was sought to bring in the same declaration as being one mad by a deceased person against his proprietary interest : but ....

2024 Supreme(BD)(SC) 8826

the contested defendant-respondent-opposite party Nos. 5-15 transferred the suit land to Waliar Rahman i.e. the non contested defendant- respondent-opposite party No. ... On 18.01.2009 the contested defendant- respondent-opposite party Nos. 5-8, 10-15 and the non contested defendant-respondent-opposite partyof 1996 for declaration of #HL_STAR....

2024 0 Supreme(Cal) 862

The brief fact in nutshell is that the opposite party no. 1-plaintiff filed a suit for declaration and injunction being Title Suit No. 68 of 2021 against the petitioner-defendant no. 1 and proforma defendant no. 2-opposite party no. 2, contending inter-alia as follows: (i) The ... husband of the plaintiff-opposite party no. 1 Sri Mahadeb Parui (proform....

2025 Supreme(Online)(Pat) 58

As such, where the amendment does not result in irreparable prejudice to the opposite party, or divest the opposite party of an advantage which it had secured as a result of an admission by the party seeking amendment, the amendment is required to be allowed. ... The court is required to bear in mind the fact that the opposite party would have a chance....

2024 Supreme(BD)(SC) 13840

The defendant-opposite party filed written statement, but did not produced any DWs. ... the opposite party in the said deed is examined by the handwriting expert. ... party. ... The plaintiff filed the suit for declaration of title the opposite

However at the trial unless the party is willing to have it recorded as an admission, it should not be so recorded. ... June 19, 2007 Eric Basnayake, J The Plaintiff filed this action inter alia for a declaration of title and ejectment on the basis that the plaintiff was the owner and defendants were licensees and the license was withdrawn. ... Declaration of title#H....

Current Civil Cases

As such, where the amendment does not result in irreparable prejudice to the opposite party, or divest the opposite party of an advantage which it had secured as a result of an admission by the party seeking amendment, the amendment is required to be allowed. ... The court is required to bear in mind the fact that the opposite party would have a chance....

In a declaration of title or re vindication action, if the subject matter is admitted no further proof of the identity of the corpus is required, for no party is burdened with adducing further proof of an admitted fact. ... (5) In a declaration of title or rei vindicatio action, if the subject matter is admitted no further proof of the identity of the corpus is required; for no party#HL_....

2023 0 Supreme(Cal) 615

The petitioner herein was the plaintiff in Title Suit No. 20 of 2017 instituted and pending before the Learned Civil Judge, LCJ (Junior Division) Court, Sadar, Cooch Behar. Opposite party nos. 19 to 23 were the original defendants in the said title suit. ... The plaintiff claimed title on the suit land on the basis of the title document dated October 03, 2016. 20. ... T....

2020 0 Supreme(Kar) 1673

The said document also cannot be looked into for collateral purpose, in view of proviso to Section 49 of the Registration Act, 1908 and Section 118 of the Transfer of Property Act, 1882. The said title has to be proved independently and that right and title shall be established by clear evidence to declare the title of the party over immovable property. It is also settled principle of law that plaintiff has to stand or fall on his own feet he cannot take weakness of the defendant. In this rega....

2020 0 Supreme(Mad) 2094

An admission does not create a title; the logical corollary whereof would be that an admission of a party would not lead to relinquishment of his right therein, if he has otherwise acquired a title in the property. Once a title vests in a person he cannot be divested therefrom except by reason of or in accordance with a statute and not otherwise.

2016 0 Supreme(Bom) 2213

An admission does not create a title; the logical corollary whereof would be that an admission of a party would not lead to relinquishment of right therein, if he has otherwise acquired the title in the property. Once a title vests in a person, he cannot be divested there from except by reason of or in accordance with statute and not otherwise.

2015 0 Supreme(Gau) 355

In order to succeed in obtaining a decree for declaration of title, the party seeking such a relief is bound to prove and establish his title based on title documents. The aforementioned position of law goes to show that mere admission of a fact need not have conclusive bearing, when it comes to question of establishing title of the plaintiff in respect of the suit land. L. Venkatesh Reddy, Mr. Dey submits that it has been held by the Hon’ble Apex Court in number of cases tha....

2009 0 Supreme(Mad) 1798

"Admission alone by a party cannot confer title to a property, when statue requires a deed, it will only receive the burden to proof, want of title in person, in whose favour the admission is made." In the decision reported in 1997(3) LW 888 (Palanisamy Konar v. Gopala Konar and 8 others) it is held as follows: Therefore, mere admission by D.W.2 is not sufficient to prove the title and possession of the appellant/plaintiff.