Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
Adverse possession -- Mutation of revenue records, payment of Kist, custody of original title Deed, mere long possession and enjoyment for more than statutory period, are alone not sufficient to constitute adverse possession, unless denial of title is brought to knowledge of title holder - Limitation clock begins to tick only when denial of title is conveyed to real owner..........
Partition suit -- Implementation of partition decree - Writ of mandamus - Suit for division of land holding which was decreed is under scrutiny before Board of Revenue - There are disputed questions and in a garb of writ of mandamus, these disputed questions cannot be ignored nor adjudicated by Court - Liberty is given to petitioners to take recourse as may be available..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Whenever a fraud is alleged, neither revenue Courts are equipped nor competent to effectively adjudicate on allegations of fraud and Courts skilled and experienced to try such issues are Courts constituted under CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced are only revenue records and same would not enure to the benefit of defendants to substantiate their right over the property in question in view of registered partition deed produced in the suit - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of counter claim - Jurisdiction of civil Court - Relief for possession qua agricultural land would lie before Revenue Court and Civil Court has no jurisdiction qua such relief sought by way of counter claim - Counter claim rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Mutation -- On basis of Will - Revenue Courts are prevented from recording statements of parties and therefore, question of establishing genuineness of Will cannot be ventured into in mutation proceeding and has to be left to the discretion of competent civil Court...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
