Himachal Pradesh Tenancy and Land Reforms Act, 1974, Section 45, 104 -- Non occupancy tenants - Proprietary rights - Non occupancy tenants acquired proprietary rights automatically over suit land after operation of law by statutory notification - Rights granted to party by way of law, cannot be denied on the basis of procedural lapses on the part of public officials...........
Agreement to sell -- Specific performance - Non-description of land in agreement - Agreement in question vague, uncertain, ambiguous and evasive because no description of land proposed to be sold given in agreement - Decree of specific performance not granted on the basis of such agreement to sell in the absence of specific details of suit land...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Supreme Court granted compensation at the rate of Rs.325/- per sq. yard in all cases covered by the same notification - Appellants, held, entitled to Rs.325/- per sq. yard alongwith all statutory benefits - However, appellants shall not be entitled to statutory benefits for the period of delay..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Acquisition of land in question during pendency of suit - Application to seek compensation - Allowed with observation that compensation would be allowed only if decree of specific performance is granted - Order upheld...........
Partition -- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of ownership - Hence, Civil Court has no jurisdiction...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value - Land acquired for residential and commercial purposes - Properties do not abut national highway - Admittedly, it is situated about 375 yards away from national highway - It would not be just and proper to award land value of Rs.250 per sq.yard, which is granted to property in..........
Karnataka Value Added Tax Act, 2004, Section 7 -- Eviction - Effect of - Re-grant of land - Validity of sale deed - Rights of alienee of Inam land - Upon re-grant the title of a holder of Service-inam land would relate back to the date of coming into force of the Act - Alienation effected by principles of `feeding the grant by estoppel' would enure to the benefit of the..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer - No injunction can be granted against co-sharer - Only efficacious remedy available to co-sharer is to seek partition of joint land...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Market value - Principle of parity - High Court granted Rs.130 per. sq. meter for adjoining land in earlier proceedings having small area of land than present one - Land of appellants also having road frontage - On the principle of parity, High Court should have granted at least Rs.130 per sq.meter -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Sale of land to complainant - Sale of land thereafter to third party - Accused had no right to sell deed in favour of third party as he was well aware of the fact that he was no longer owner of land - Accused committed the offence of cheating - Conviction upheld - However, taking into account the fact that accused is 80..........
