U.P.Land Revenue Act,1901 -- Provisions of O.22 CPC apply to proceedings under U.P. Land Revenue Act, 1901...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Mutation entries do not conclusively establish title - However, title of plaintiffs stands proved and established by material on record and on account of findings recorded by revenue authority - So far as land acquisition proceedings are concerned, no compensation was received by..........
Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, Section 3 -- Revenue records - Suit for rectification by incorporating plaintiff`s names as owners and possessors - Revenue Authorities allegedly created records in favour of State without any notice and legal proceedings - Plaintiffs producing documents regarding service connection of borewells in disputed..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds...........
Record of rights -- Entering name - Applicant has to be a holder, occupant, owner, mortgagee or tenant - Such a right is also available to a person acquiring interest in the property by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise - Merely a holder or occupant does not meet the requirements of law for exercising such a..........
Land Acquisition Act, 1894, Section 41, 44A, Land Acquisition (Companies) Rules, 1963, Rule 5(2) -- Acquisition of land - Recovery of enhanced compensation - Acquired land sold in private sale - Resumption notice - Acquired land allotted to company to set up manufacture of sheet glass or such other products approved by appellant State - Conveyance deed between State and..........
Agreement to sell -- Specific performance - Relief of - Execution of agreement proved - However, it is no where pleaded or proved by plaintiff that he got redeemed the mortgaged land in favour of defendant No.2 in terms of agreement nor it is specifically pleaded that he was ready and willing to get the property redeemed from the mortgage - Refund of earnest money ordered..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes the ownership of defendants over the suit land - Since..........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
