Co-sharer--When a co-sharer sells his share in the joint holding or any portion thereof and puts the vendor into possession of land in his possession what he transfers is his right as a co-sharers in said land and right to remain in its exclusive possession till joint holding is partitioned amongst all co-sharers---Sale of subsequent portion of land out of joint holding by the co-owners is nothing but a sale of a share out of the joint holding and is pre-emptible under Section 15(1)(b) of Act

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Mortgage--Whether a document is mortgage by conditional sale or a sale with a condition of repurchase is a vexed question--One of the ingredients for determining the true nature of transaction, therefore, is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale--Indisputably, the said condition is satisfied-- Transfer of Property Act, 1882, Mortgage--In a case where deed of mortgage is executed with a condition of repurchase, the amount of consideration remains the same.

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Land and Property Law--Allotment of Plot--Cancellation of--Predecessor-in-interest of appellant not eligible for allotment of plot under scheme for rehabilitation of locally displaced persons--Notwithstanding the fact that transfer of plot in favour of appellant is duly approved by Trust, appellant did not acquire any independent right in the plot and be only acquired whatever rights the transferor or original allottee had therein--Defect in allotment made in original allottee's favour on account of her ineligibility to avail scheme was inherited by appellant as her transferee

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Unauthorised Possession—To prove that the possession is legal, prima facie plaintiff has to prove that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner

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Gift Deed—Cancellation of—When a gift is incomplete and title remains with the donor then deed of gift can be cancelled. Gift Deed—A conditional gift becomes complete only on compliance of the conditions in the deed

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