Will -- Proof - Claim of ownership on the basis of Will - Will under which plaintiff claim ownership of plot in question, does not even refer to the suit land - In the Will what has been written is that testator is bequeathing his entire property in favour of plaintiffs - But that itself is not sufficient - Moreover, in revenue record defendants are recorded owners in..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and possession - Starting point of limitation - Mere giving assurance to plaintiff by her brother and mother for giving share to her cannot be considered to be starting point of limitation - However, since there was no denial by defendants to plaintiff for giving her share, there was thus, no..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fees - Suit for declaration, permanent injunction, possession and mesne profit - For each relief plaintiffs are required to value suit and to pay Court fees accordingly - Plaintiffs for relief of possession already paid Court fees 10 times of land revenue - As regarding relief of declaration, since plaintiffs..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from closing passage - Suit property is subject matter of revenue records - Revenue records do not show existence of any passage at the place claimed by plaintiffs - Rather, record shows suit property exclusive holding of defendant, part of which might have been sold to other persons -..........
Khasra girdwari -- Change of entry of possession - In absence of cogent evidence as to how revenue official brought change in the revenue record, no reliance thereon can be placed...........
Adverse possession -- Neither there is any evidence nor pleadings to the effect that when possession of defendant became adverse - Plaintiff and defendant are brothers - Even the entry in revenue record in favour of defendant is recorded in the year 1974 and suit filed in 1984, therefore, even period of 12 years had not elapsed - Even otherwise, khasra girdwari do not..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- (As applicable to State of Haryana) - Shamlat Deh - Land in question never shown to be used for benefit of entire village community or even for a part of community - Possession of land is shown in revenue records as that of proprietors/self cultivators and in cultivation of appellant or his ancestors -..........
Goa, Daman and Diu Land Revenue Code, 1968, Section 14(2), 36, 199(2), Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969, Rule 5, 6, Specific Relief Act, 1963, Section 34 -- Title of Government to lands - Counter claim - Suit survey is forest land and in exclusive possession of Forest Department - Plaintiff filed Objection to entry..........
Transfer of Property Act, 1882, Section 111 -- Termination of lease - Sub-letting - Lease came to end in 1996 and same not extended - Lease agreement does not give an automatic right of renewal to tenants - Since tenants sub-let the property which is reflected in inspection report of Revenue Officer and there has been breach of terms and conditions of lease agreement by..........
Mutation -- On the basis of Will - It is beyond jurisdiction of revenue authorities to determine genuineness of Will - If petitioner is of view that a Will was executed in his favour, then he has to establish his title by filing a properly constituted civil suit...........
