West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Deposit of entire sale consideration with additional 10% of the sale consideration, alongwith pre-emption application is a statutory and mandatory requirement and it is a pre-condition before any further enquiry as contemplated u/s 9 of the Act is held - Non compliance of said mandatory provision would..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Non-deposit of entire sale consideration with additional 10% of sale consideration - Pre-emptors contended that they did not deposit said amount because they bonafidely believed that sale consideration mentioned in sale deed is in favour of vendee who is an outsider, was higher than actual sale consideration..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Contention regarding non-deposit of entire sale consideration with additional 10% of sale consideration by pre-emptors, raised first time before Supreme Court and therefore same be not permitted to be raised now - Said contention would go to root of matter on maintainability of pre-emption application as..........
Settlement deed -- Once the settlement deed was presented before Land Reforms Tribunal by executor and he had obtained favourable order, that fact by itself will amount to acting upon settlement deed - Fact that executor dealt with properties even thereafter is irrelevant and not binding on his daughters in whose favour properties were settled...........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 122C, 197, 198 -- Allotment of housing sites - Without prior approval of Assistant Collector is void ab-initio and is liable to be ignored for which no separate proceedings i.e cancellation or declaration as a void document are required to be initiated...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20, 5, 11(2)(b), Kerala Land Reforms Act, 1963, Section 2(57) -- Eviction petition - Arrears of rent and fixation of rent - There is neither denial of title of landlord nor claim of right of permanent tenancy so as to attract second proviso to S.11(1) of Rent Control Act - Plea of kudikidappu raised by tenants..........
Karnataka Land Reforms Act, 1962, Section 66, 79(1)(b)(iii) -- Declaration of holding - Partnership firm obtained forest area - However, it is not explained by declarants as to how estate of firm devolved upon its partners - No legal instrument brought, through which property of firm became partners individual property - There is prohibition on an association or other body..........
U.P.Zamindari Abolition and Land Reforms Act, 1951, Section 157B, 166 -- Transfer of land - Restrictions on members of Scheduled Tribes - `M' entered into an exchange of land with respondents - However, factum of `M' being a member of Scheduled Tribe is not disclosed in exchange deed - S.157-B of the Act stated that a bhumidhar or asami belonging to ST cannot transfer his..........
U.P.Zamindari Abolition and Land Reforms Act, 1951, Section 3(14) -- Agricultural land - Declaration regarding use of land for industrial or residential purposes as required u/s 143 of UPZA & LR Act has not made by respondents - In absence of such declaration, land is deemed to be an `agricultural land' as per S.3(14) of the Act - Provision of the Act held, applicable to..........
U.P.Zamindari Abolition and Land Reforms Act, 1951, Section 157B, 166 -- Transfer of land - Contravention of S.157-B of the Act - Plea of equity - Where land is transferred is in contravention of provisions of the Act, there is no ground for considering the question of equity...........
