Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 -- Suit for cancellation of sale deed - Jurisdiction of civil Court - Plaintiff/appellant herself accepted in the plaint that her name is not recorded in the revenue records - Held, in absence of averment in the plaint that plaintiff is..........
Criminal Procedure Code, 1973, Section 145 -- Magistrate has no jurisdiction to make an enquiry regarding demarcation of the boundaries of the land in question - This course of action is only available to the civil court or revenue court...........
Punjab Land Revenue Act, 1887, Section 36 -- Civil suit filed by parties on dispute relating to title and inheritance - Mutation sanctioned by Collector pending suit - Order of Collector set aside by Divisional Commissioner - Order impugned - Held, when regular civil suits are pending between parties before competent civil court, the civil Court shall decide suit between..........
Civil Procedure Code, 1908, Section 9, Madhya Pradesh Land Revenue Code, 1959, Section 131, 257, 242 -- Customary easement - Existence of - Determination of - Jurisdiction of civil court - Suit for declaration or injunction, claiming a customary easement - Held, jurisdiction of civil court to try any suit relating to easements is not affected by Ss.131, 242 or 257 of the..........
Civil Procedure Code, 1908, Section 9, Punjab Land Revenue Act, 1887, Section 117 -- Partition - Question of title - Determination of - Plaintiffs raised question of title in partition application before Revenue Court - Revenue Court proceeded to partition land without determining question of title or without getting the question of title determined from competent Court -..........
Punjab Land Revenue Act, 1887, Section 158(2),45 -- Plaintiffs felt aggrieved by entries in the revenue record i.e. record of rights - U/s 45 of the Act, plaintiffs are entitled to institute civil suit in civil court for declaration of their rights - Civil Court has jurisdiction to adjudicate upon the suit regarding declaration of rights of the plaintiffs in the suit land..........
Punjab Land Revenue Act, 1887, Section 45 -- Plaintiff sought declaration that revenue entries depicting them and their predecessors as mortgagors and defendants and their predecessors as mortgagees of suit land are incorrect and thus liable to be corrected - Held, u/s 45 of the Act, the suit in the civil Court is maintainable as the plaintiffs were aggrieved by entries in..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 77(3)(d) -- Plaintiff filed suit for declaration that in view of Act of 1952, he became owner of suit land - Held, in case tenants wants to establish claim of right of occupancy, it has to file appropriate proceedings before revenue court - Jurisdiction of Civil Court is barred - Moreover, civil..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Land in disputed recorded in the name of one `B' after death of his father `K' - Petitioner did not challenge mutation entry immediately - During pendency of suit petitioner moved Revenue Court to seek his share in the property - Perusal of order passed by Revenue..........
