Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Documents sought are certified copies of public documents i.e jamabandi and mutation - It cannot be presumed that these were not within knowledge of defendant - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any type of construction over suit property or from changing the nature of suit land and transferring the same - Defendants reflected as sahayak as per Jamabandi relied upon by plaintiff - No evidence led to contrary by defendant though they claimed themselves to be occupancy..........
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...........
Civil Procedure Code, 1908, Section 152 -- Correction in description of property by Executing Court - Mistake committed by plaintiff can be said to be due to bonafide reasons based on revenue record prepared and maintained by authorities concerned - In case of any ambiguity in plaint regarding description of identity of the suit property, even though, on account of..........
Agreement to sell -- Specific performance - Plaintiff admitted in his cross-examination that suit land was under encumbrance and he checked the jamabandi at the time of execution of agreement to sell - However, there is no reference in the agreement to sell that suit land was under encumbrance - Plaintiff had to prove his case by standing on his own legs and he cannot..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of Kanungo with revenue record - Entries in jamabandi are per se admissible in evidence - There is no need to put the entries in jamabandi to witness - No explanation as to how revenue record to be put to witness is necessary when same has not been proved while leading evidence in affirmative - Application rightly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs had proved in evidence jamabandi in which they are recorded as owners in possession of suit property - Defendant unable to prove any title to suit property or any valuable right being there - Concurrent findings on record that plaintiffs are owners of suit property and..........
Partition suit -- Joint property - Correctness of shares of parties to suit as recorded in jamabandi of suit property not challenged by defendants - Parties thus, entitled to their respective shares in suit property as per entries in Jamabandi...........
