Wakf Act, 1995, Section 5, 36, 37, 92, Uttar Pradesh Muslim Wakfs Act, 1960, Section 29, 49A, 57A -- Wakf - Alienation of wakf properties - Obligation of wakf character of properties - Wakf of properties created - Son appointed mutwalli - Wakf registered u/s 29 of Act, 1960 - Gazette notification issued u/s 5(1) of the Act 1960 - Wakf and its properties duly registered in..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 30 -- Dispute regarding entitlement of compensation - Bar of jurisdiction of Civil Court - Suit for declaration regarding establishment of title over the suit property on the basis of decree for pre-emption - Suit property acquired by State - Trial Court holding plaintiff owner of suit property -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - 'Possession relevant consideration to grant injunction - Suit for declaration that plaintiff owner in possession of suit land - Injunction also sought restraining defendant from interfering in possession - Claim based on enteries in revenue record - Defendant asserted his title and possession over..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v),, Article 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration challenging sale deed with consequential relief of possession - Application under O.7 R.11 CPC - Trial Court directed to pay ad-valorem court fee on sale consideration - Plaintiffs not party to sale - Sale deeds challenged on the ground that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Change of nature of suit land - Suit for declaration challenging sale deed executed in favour of defendant - Interim injunction regarding alienation and from raising construction and changing nature of property claimed - Alienation stayed - Defendant in exclusive possession of suit property - Claim of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration & injunction - Plaintiff claimed ownership and possession on the basis of sale deeds - Ad interim injunction sought restraining defendants in interfering in peaceful possession - Vendor of plaintiff found to be not in possession of suit land - Could not have passed over possession of the suit land to..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Burden of proof - Requirement - Suit for declaration claiming title over suit property - Defendant set adverse possession under the Act, plaintiff to prove his title then the burden shifts on the defendant to establish that he has perfected his title by way of adverse possession...........
Court Fees Act, 1870, Article 1 -- Schedule 1 - Suit for declaration challenging sale deed on the allegation of fraud and misrepresentation - Consequential relief of possession also claimed - Advalorem Court fee payable under Article 1 Schedule 1 of Act...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possession - Dispossession during pendency of suit - Suit for declaration - Ad interim injunction order passed restraining from transferring, alienating or encumbering the suit property - Documentary and oral evidence has to be produced to prove possession at the relevant time - Though oral..........
Limitation Act, 1963, Article 59 -- Suit for declaration & possession - Prayer for cancellation of registered sale deeds executed by father -Limitation is 3 years not 12 years...........
