Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Partition -- Private partition carried out by parties even if it has not been incorporated or affirmed by revenue authorities, still it is legal and valid and cannot be ignored by Courts...........
Agreement to sell -- Specific performance - Sale agreement executed with defendant No.1 - Land belonging to defendant No.2, in whose favour land is mutated on basis of Will - In revenue suit filed by defendant No.2 against defendant No.1 said Will was produced and property was found to be in possession of defendant No.2 - Specific performance cannot be granted to plaintiff..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - No pleading of fraud or collusion - Plaintiff challenged legality of gift deed solely on ground that there was no consideration of love and affection between herself and defendant - She even not challenged the revenue entries made in favour of defendant on the basis of registered gift deed - Plaintiff..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31 -- Secured loan - Recovery - Agricultural land - No security interest can be created in respect of agricultural lands - However, since security interest created, it goes to show that parties did not treat the land as agricultural land and debtor offered land as..........
Specific Relief Act, 1963, Section 34, Registration Act, 1908, Section 17, 49 -- Suit for declaration of title - On the basis of u, registered exchange deed - Exchange deed being u, registered cannot be read in evidence in view of Ss.17, 49 of Registration Act - Even otherwise, there is no valid exchange deed adduced on record by plaintiff to prove his claim with regard to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered mutation of small portion of land -..........
Pedigree table -- It is prepared by revenue authorities to record family members and not to enter mutation of inheritance...........
Kerala Land Reforms Act, 1964 -- Resumption of lands - As per respondents/official, petitioners illegally obtained Pattayams through fraudulent manner and property is still under ownership of State - As per evidence on record no such Pattayams were issued by revenue department and documents produced by petitioner are fabricated documents obtained with assistance of officer..........
