Punjab Land Revenue Act, 1887, Section 36 -- Civil suit filed by parties on dispute relating to title and inheritance - Mutation sanctioned by Collector pending suit - Order of Collector set aside by Divisional Commissioner - Order impugned - Held, when regular civil suits are pending between parties before competent civil court, the civil Court shall decide suit between..........
Consent decree -- Principles and necessity of registration - (1) The family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family; (2) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence: (3)..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Appeal - Additional Evidence - Rejection of application - As per petitioner, respondent No.1 has sold the premises in year 2005 and he is now no more owner of structure and has no locus-standi to file eviction petition - Petitioners have already placed on record copy of sale deed whereby respondent No.1 has sold..........
Mutation -- Grant of mutation on the basis of natural succession ignoring Will - Writ petition - Held, not maintainable - Parties relegated to the remedy of civil suit as it is civil court which can decide the question of title and validity of Will - Sanction of mutation does not determine the rights or title to the property - Mutation proceedings are summary in nature and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Plea that landlord is not the owner for five years prior to the filing of petition u/s 13-B of the Act as it was mother of the landlord who was recorded as owner in the Municipal records and on the strength of an affidavit of mother the ownership rights were transferred in..........
Mutation -- Upheld by civil court - Certainly confers title...........
Mutation -- Entry in revenue records - Entry in revenue records does not create right on a person whose name appears in the record of rights - Entries in the revenue records of Jamabandi have only fiscal purpose i.e. payment of land revenue and no ownership is conferred on the basis of such entries - So far as title to property is concerned it can only be decided by a..........
Mutation -- Does not confer any title - Mutation is only for fiscal purposes to complete the record...........
Mutation -- Does not confer title - However, presumption in regard to the nature of possession can be drawn...........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Limitation - Starting point - When the right to sue first accrues - Cause of action does not arise on sanction of mutation of inheritance - Entry in revenue record does not provide any cause of action - Cause of action arises only when there is any threat to the title of the..........
