Possession -- Revenue entries - Stray entry in jamabandi recording a party as a gair marusi without paying any rent, cannot be relied upon to hold lawful possession as tenant - In order to prove lawful possession, possessee is required to prove payment of rent...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Classification of land as pushtaini and Gair-pushtaini - Classification made by authority does not find its footing in the Act or UP Land Acquisition Rules - Said classification made for the purposes of awarding differential compensation is bad in law - Moreover, when the purpose of acquisition..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Additional compensation - Challenge as to - Issue of additional compensation by making an artificial classification of land as pushtaini and Gair-pushtaini was not in existence at the time of agreement - There was thus, no occasion to challenge the same - Moreover, appellants because of their signing agreement..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession in respect of Gair mumkin shop - Suit has been filed in 2019 i.e within a period of 10 years - It cannot be at this stage ascertained as to whether provisions of the Act are applicable and as to whether suit would be maintainable or not - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of easementary rights and permanent injunction - Land in question is a Gair Mumkin Samshan, which fact is admitted by plaintiff - Residents of area have interest in said public land - Rejection of application on the ground that land in question did not belong to petitioners,..........
Possession -- Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession...........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Offence u/s 13(1)(d) of P.C Act and Ss.420, 120-B IPC - Possession of land in question was taken by government - Petitioner in the capacity of Tehsildar declaring private persons as Gair Marushi and Marushi -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and same cannot be restored as..........
Punjab Occupancy Tenants (Vesting of Population Rights) Act, 1953, Section 5 -- Plaintiff were not recorded as occupancy tenants in revenue record at commencement of Act - Plaintiff had not acquired occupancy rights by way of agreement - Plaintiff are alleging that they had acquired status of occupancy tenants u/S.5(2) of Act on ground that they are in possession of land..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration of ownership after coming in actual cultivating possession of suit land as gair marusi - Dispute was not between landlord and tenant, rather, inter se two persons claiming themselves as tenant - Civil Court has jurisdiction to determine the said issue...........
