Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
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..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from the person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive..........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value..........
Mutation -- Law as to: (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) they neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value on..........
Mutation -- Law as to - (a) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (b) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (c) They neither extinguish nor create title; (d) mutation in revenue records does not have any presumptive value on..........
Mutation -- Mutation of name in revenue records - It is done for fiscal purposes i.e. for collection of land revenue - Mutation neither creates nor extinguishes title...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs who are sons and daughter of defendant have filed civil suit during life time of their father - Mutation entries are not in the name of plaintiffs - So..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff seeking temporary injunction restraining defendants from interfering in his possession - By way of counter claim defendant seeking temporary injunction restraining plaintiff from creating any obstruction in their peaceful possession - Defendants in support of their counter claim has..........
