Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Vacation of status quo order - Suit for injunction - Restraining defendants from raising construction over motorable path - Admittedly, suit property is joint inter se parties - Plaintiff failed to prove any family arrangement in previous suits filed against defendant - Revenue record also indicate that suit land is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for declaration - Mere fact that in present suit plaintiffs have also prayed for correction of revenue records which plea was available to them to be raised in previous litigation will not enable them to file another suit by escaping bar created by principle of res judicata envisaged in S.11 CPC...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is erroneous, as property in..........
Revenue Record -- Presumption - Once a jamabandi was on record it carried a presumption however weak and even a weak presumption is not rebutted preponderance of probability will tilt in favour of a person in whose favour presumption lies...........
Will -- Suspicious circumstances - Delay in updating revenue records - Revenue record not updated for 22 years - Succession never remains in abeyance and it passes on in favour of successor immediately on death of owner - Updation of revenue record is one of the executive functions of revenue officials - Updation of revenue record neither gives cause of action nor creates..........
Mutation -- Sanctioning of mutation without notice - Validity - Mutation does not confer any right, title or interest in property - Mutation is only entered and sanctioned for updating revenue record...........
Indian Penal Code, 1860, Section 420, 463, 468, 469, 470, 471, 205, 190, 199, 192, 120B -- Cheating - Impersonation and forgery - Property dispute - Order of quashing of complaint - Allegation that accused by impersonating herself being mother of deceased got his property transferred in her name by mutation - However, complainant failed to lead any evidence to prove..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Transaction relating to sale deed pertaining to agricultural land - Jurisdiction lies with Revenue Court - Jurisdiction of civil Court is barred u/s 207 of Act of 1955 - Application U.O.7.R.11 allowed - However, exercising power U.O.7.R.10 CPC plaint ordered..........
Will -- Validity - Property of Hindu female - Property mutated in revenue record by son in favour of mother without executing any other document for transferring the suit land - On basis of mutation entry, it cannot be said that mother has acquired said property - Mutation entries are relevant only for collection of land revenue - Therefore, such mutation entry, cannot..........
