Punjab Village Common Lands (Regulation) Act, 1961, Section 2(1)(g), 4, 13 -- Shamlat land - Jurisdiction of civil court - Plaintiff filed suit for declaration claiming ownership of suit land as Proprietor of Jumla Mustarka Malkan Arazi Hasab Rasad Rakba Khewat of village - Defendant Gram Panchayat claimed land as Shamlat deh - Determination of question of title involved -..........
Transfer of Property Act, 1882, Section 122 -- Gift - Suit for declaration of title and for permanent injunction to interdict defendants from interfering into peaceful possession of plaintiffs - Plaintiffs claimed that when they prevented other defendants, donee/municipality informed plaintiffs not to do so since suit property had been gifted to municipality by plaintiffs..........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Misjoinder of parties - Plaintiff sought declaration of title and for relief of injunction, claiming to have purchased suit properties vide four separate sale deeds - Held, plaintiffs ought to have filed separate suits - Joint suit must fail on ground of misjoinder of necessary parties...........
Punjab Co-operative Societies Act, 1961 -- Co-operative House Building Society - Allotment of flat in connivance with officials of department - Registrar ordered enquiry into allegations of complaint - Plea that there is no provision to order enquiry and in case there is any dispute regarding title or possession the same has to be referred to arbitration u/s 55 of the Act..........
Adverse possession -- Plaintiff filed simple suit for permanent injunction against State of Punjab - Declaration of title on the basis of adverse possession not sought - Held, in the absence of crucial pleadings regarding adverse possession and in the absence of evidence to substantiate the same, it cannot be said that the plaintiff has perfected his title by way of..........
Adverse possession -- Pleadings - Parties claiming ownership by way of adverse possession, have to settle specifically in the pleadings and to prove by cogent evidence that their possession is validly adequate in continuity, in publicity and in extent to show their clear possession to the deep knowledge of the competitors - The plaintiffs cannot render their possession..........
Suit for possession -- Where there is no cloud on the title of the plaintiff over the property in dispute and he is out of possession, the only remedy is to file a suit for possession and not a suit for declaration and possession...........
Specific Relief Act, 1963, Section 38 -- Injunction suit - Determination of title - In a suit for relief of injunction simpliciter the question of determination of title does not arise - A reference to title, if at all, would be only in the limited context of understanding the claim of the respective parties in the suit schedule property...........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38, Wakf Act, 1995, Section 6(2), 92 -- Suit for injunction - Impleadment of Wakf Board as a party to the suit - Occasion for the Wakf Board to get itself impleaded may arise at the most, in a suit for declaration of title and not the one for grant of injunction...........
Evidence Act, 1872, Section 110 -- Person in possession - Presumption of title is in his favour - Burden of proof that he is not the owner lies on the person who so asserts...........
