Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition suit - Agricultural land - Civil Court has no jurisdiction to decide the real dispute between parties regrading agricultural land, as Revenue Court has to decide and declare the ownership of such property - Moreover, suit is barred by S.331 of U.P.Z.A. and L.R. Act - Suit rightly dismissed...........
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, Section 16(3)(i), Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963, Rule 19 -- Pre-emption application - Non-compliance of R.19 and Form L.C. 13 of Rules 1963 - Appellant deposited ten percent of purchase money as required u/s 16(3)(i) of Act -..........
Specific Relief Act, 1963, Section 34, Assam Land and Revenue Regulations, 1886, Section 8 -- Suit for ownership of land - Acquisition of title - Burden of proof - State being owner of immovable properties, private persons are only settlement holders u/s 8 of 1886, Act - Neither Jamabandi nor any other document was produced to show plaintiff's claim over property - In the..........
Delhi Land Reforms Act, 1954 -- Right to Bhoomidhari - Co- share - Appellants claimed that they are co-sharers with private respondents in Revenue Estate as private respondents were declared as Bhoomidars - Respective shares were apportioned - However, appellants took another plea, they were not allotted 1/5th of total holding - Held, it would be open to appellants to..........
Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rule 285A, 285B, 285C -- Auction - Conditions for auction - No estimation of value and no notice was given to Respondent - Publication of conditions of auction was not made before the time of auction fixed - Board of Revenue has clearly ruled that auction procedure has not been followed - Authority holding..........
Partition -- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of ownership - Hence, Civil Court has no jurisdiction...........
Mutation -- Limitation - No limitation is prescribed for filing mutation application u/s 34 of U.P. Land Revenue Act. (U.P.Land Revenue Act, 1901, S.34)...........
Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, Section 146(ii), 164, Land Acquisition Act, 1894, Section 3(b), 4(1), 17(1) -- Acquisition of land - Licensory rights - Grant of license to establish industry u/s.146(ii) of Regulation - Licensees are tenure holders as per the classification under S.141 of Regulation - Since there is no stipulation..........
Court Fees Act, 1870, Section 7(vi), Suits Valuation Act, 1887, Section 3 -- Court fee - Suit seeking relief of pre-emption - Plaintiffs are required to value the relief at 20 times the land revenue - Order directing payment of ad valorem Court fee in respect of reliefs claimed in suit is not proper...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Dispute regarding ownership of agricultural land - Civil Court has no jurisdiction where disputed property is agricultural land and only Revenue Court has jurisdiction to decide title and ownership - When dispute relating to agricultural land comes under consolidation proceedings then jurisdiction of..........