Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Revenue record -- Khasra girdawari entries though not conclusive proof of title, carry significant evidentiary value regarding possession, particularly when they exhibit continuity over a long period - Sudden change in such entries unsupported by cogent material or lawful process, cannot by itself be treated as proof of actual change of possession...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Summoning of official witnesses alongwith relevant revenue record - Revenue record sought to be summoned is material and bears directly upon adjudication of petitioner's claim of ownership - Application cannot be declined on the ground that plaintiff has failed to furnish list of witnesses within time prescribed and had..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
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 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Revenue record -- Corrections in revenue record during pendency of suit is no reason to disbelieve public record maintained - Sanctity of correction not to be suspected unless it was disproved...........
Mutation -- Entry in revenue records does not confer title on a person whose name appears in record of rights and that such entries are only for fiscal purpose and no ownership is conferred on basis thereof - Question of title of a property can only be decided by a competent Civil court...........
Mutation -- Entry in revenue records does not confer title on a person whose name appears in record of rights and that such entries are only for fiscal purpose and no ownership is conferred on basis thereof - Question of title of a property can only be decided by a competent Civil court...........
