Family Courts Act, 1984 -- Civil Court decree acknowledging family settlement - Challenge as to - Suit for challenging civil Court decree filed after a period of 20 years - Plea of plaintiffs that they did not come to know of decree cannot be accepted, particularly when in revenue record defendant was being depicted as absolute owner of property - Moreover, father of..........
Land Acquisition Act, 1894, Section 48 -- Release of acquired land - Revenue Minister who passed the order releasing acquired land had no power to deal with the matter relating to release of land in question - He simply usurped the power u/s 48 of the Act, which he never possessed - It was an abuse of exercise of power by him while dealing with State's largesse - Order of..........
Mutation -- Law as to : (a) mutation proceedings are summary in nature wherein title of the parties over the land involved is not decided; (b) mutation order or revenue entries are only for the fiscal purposes to enable the State to collect revenue from the person recorded; (c) they neither extinguish nor create title; (d) the order of mutation does not in any way effect..........
Partition -- Agricultural land - Can only be partitioned by competent authorities as per provisions of Punjab Land Revenue Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of plaintiff that they purchased suit property from original owner but name of legal heir of original owner is wrongly mutated in revenue record - Remark column of revenue record shows that legal heir of original owner sold suit property to defendants - Plaintiff filed suit belatedly after partition..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Where main relief is cognizable by Civil Court, suit would be cognizable by Civil Court only and ancillary reliefs, which could be granted by Revenue Court may also be granted by Civil Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit for permanent injunction, possession and damages - Civil Court have the power to entertain suit where main relief sought is that of injunction and demolition, a relief which could be granted by civil Court only - Relief of possession will be merely ancillary relief which civil..........
Co-sharers -- Plea of ouster by one co-sharer against other - Mutation in revenue records in the name of one co-sharer would not amount to ouster unless there is a clear declaration that title of other co-sharers was denied...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31 -- Security interest in agricultural land - Non applicability of provisions of Act to security interest created in agricultural land - A particular piece of land whether agricultural in nature in a question of fact - Classification of land in the revenue records..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
