Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants - Even order of mutation passed in..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, separate possession and permanent injunction - Suit property claimed to be joint property by plaintiff - However, after examining mutation and jamabandis, Court recorded a finding that there were certain entries in mutation from where it is evident that portion of suit property was self acquired of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as plaintiff is not son of ancestor,..........
Mutation -- Revenue entry - For the purpose of getting the name of applicant entered in the record of rights, all that was necessary to be indicated that she was one of class-I heirs - It was not necessary to quash or set aside the earlier entry in the name of other heirs or declare that applicant is married to a Muslim and embracing Islam by renouncing her Hindu religion...........
Mutation proceedings -- Where both the parties are disputing title of other party on the basis of sale deed executed in their favour, same cannot be decided in mutation proceedings, as they have a right to file suit for title/cancellation of sale deed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Specific prayer made in plaint for cancellation of mutation/jamabandi issued in favour of defendant - It is thus, incumbent on plaintiff to have impleaded State Government as a necessary party - Suit held, not maintainable, as necessary party to suit not impleaded...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 166, 167, 120B -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 166, 167, 120-B IPC - Family dispute - Allegation that mutation entries wrongly recorded by illegal act of accused - Admittedly, civil and revenue proceedings regarding wrong mutation entries continuing..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Clause 12 - Sale of allotted land - Resumption of land on account of no, payment of due instalments - Land allotted to allottee `B' by successors-i, interest - `B' will become owner of property only after paying entire instalments and after issuance of sale certificate by State and not merely on basis of..........
Mutation -- Entry of mutation in revenue record confers no title and is used only for fiscal purpose...........
