Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Both parties are owners of their respective adjoining khasra numbers - Encroachment by way of construction - Both parties would vacate the land if found encroaching in each others land - However, as petitioner is 108 years old, trial Court directed to ensure that revenue..........
Partition suit -- Plea of relinquishment of share by plaintiff/daughter - Defendant denied the share of plaintiff by relying upon consent letter - Consent letter given for the purpose of entering name of defendant in revenue records - Said consent letter would not amount to a relinquishment of right, title and interest of plaintiff in suit schedule properties - Even said..........
Revenue entries -- Entered only for fiscal purposes - These entries neither confer any title nor give rise to any cause of action - Once there is no evidence with respect to land having been mortgaged, entry in revenue record cannot be allowed to stand...........
Punjab Land Revenue Act, 1887, Section 45 -- Revenue records - Correction of entry of mortgage in revenue record - Period of limitation - S.45 of the Act does not provide for any limitation - Limitation for a suit for declaration praying for correction of entry does not begin to run from the date a wrong entry has been made in revenue record, unless there is some over act..........
Mutation -- Mutation of land in revenue records does not create or extinguish title over such land nor it has any presumptive value on title - It only enables person in whose favour mutation is ordered to pay land revenue in question...........
Kerala Land Tax Act, 1961, Section 3(3), 5(2), Kerala Land Tax Rules, 1972, Rule 4 -- Suit for partition - Land tax - Where co-owners/co-sharers are duly allotted shares pursuant to a final decree of civil Court in a suit for partition, it is the statutory obligation of competent revenue officials to ensure basic land tax is collected from such persons who are considered..........
Service -- Revenue Chowkidars - Part time employees - Benefit of daily wage employment - State Government decided to bring part time revenue chowkidars on a daily wage basis and their seniority to count from completion of ten years without any past financial benefits - Direction of High Court for payment of consequential monetary benefits retrospectively set aside...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Ancestral property - Proof of - To prove nature of property as ancestral, revenue excerpt is essential and necessary for placing on record and in absence thereof suit may be dismissed - Kanungo did not bring the complete record as record was only upto particular pedigree - Summoning of other Kanungo to prepare excerpt afresh..........
Revenue record -- Possession of land which admittedly is a joint khata in revenue records, does not confer ownership on the person who is in possession of a particular piece of land irrespective of share which he is entitled to - A party is entitled to respective share as per their proportion and would be declared owner of a particular piece of land, which may fall in..........
Adverse possession -- Claimed relying upon an entry of class 9 made in the year 1966 by Lekhpal - Such entry in Class 9 not made in accordance with procedure prescribed therefor in the Land Records Manual - Entry not made in red ink - Neither issuance of notice in PA 10 to the recorded tenure holder been established - Entry of Class 9 in Revenue Record rightly ignored...........
