Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Land Revenue Act, 1956, Section 207, 88, 188 -- Schedule III, Item No.5 and Item No.23C - Rejection of plaint - Agricultural land - Suit for declaration and permanent injunction - Jurisdiction of civil court to entertain such suit - Held, suit clearly barred by S.207 of Rajasthan Tenancy Act which bars such suit from..........
Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 104 -- H.P.Tenancy and Land Reforms Rules, 1975, Part V Suit for declaration of ownership and challenge to entries of tenancy in jamabandi - Jurisdiction of civil court - Defendant claiming it to be a dispute of tenancy and ouster of jurisdiction of civil court - Plaintiff claiming that..........
Punjab Security of Land Tenures Act, 1953, Section 50 - - Eviction - Non-payment of rent - All revenue authorities have concurrently found that petitioners are tenant and had failed to make payment of rent to respondent No.5 - Land in question is being taken by petitioners on lease which was donated by their ancestor for religious purpose and thereafter they refused to pay..........
Civil Procedure Code, 1908, Section 122, Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 2 -- Madras High Court - Territorial jurisdiction - Suit for recovery of amount due on mortgage, in respect of the property situated outside the jurisdiction of Madras High Court - Held, suit cannot be classified as a suit for land and hence it is maintainable on the..........
Land Acquisition Act, 1894, Section 18 -- Reference - Policy for Rehabilitation and Resettlement - Jurisdiction of Court - Held, it is settled that any court to which a matter is referred for adjudication derives its jurisdiction only in terms of the reference, which has to be adjudicated upon under the provisions of the relevant statute, which in the present case is the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 13B -- Shamlat deh - Civil Court decree - Decree passed in civil suit instituted after insertion of S.13 in the Act which debars civil Court from deciding question of any right, title or interest in favour of any party in respect of land vested or deemed to have been vested in shamlat deh - Held, decree in..........
Constitution of India, 1950, Article 226 -- Acquisition of land - Petition u/Art. 226 thereagainst - Delay and laches - Held, framers of the Constitution have not prescribed any period of limitation for filing a petition u/Art. 226 of the Constitution - It is only one of the several rules of self-imposed restraint evolved by superior courts that jurisdiction of High Court..........
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 7, 11, Wakf Act, 1995, Section 5(2) -- Vesting of land in Gram Panchayat - Jurisdiction of Collector - Held, only Collector under the Village Common Lands Act has jurisdiction to determine issue as to whether land in dispute vests in Gram Panchayat or not, and said question can be raised by Punjab Wakf..........
Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........
